Federal judge halts Trump’s plan to end birthright citizenship

Federal judge halts Trump’s plan to end birthright citizenship

A federal judge in Seattle has temporarily halted former President Donald Trump’s executive order to end birthright citizenship in the United States, calling the order “blatantly unconstitutional.” The decision by US District Court Judge John Coughenour came after a 25-minute hearing on Thursday and pauses the enforcement of the order for 14 days pending further legal proceedings.

The executive order, which Trump issued earlier this week, sought to deny citizenship to children born in the US to parents who are in the country illegally or on temporary visas. Under the long-standing interpretation of the 14th Amendment to the Constitution, citizenship is automatically granted to nearly anyone born on US soil.

Four states Washington, Arizona, Illinois, and Oregon filed a lawsuit challenging the order, arguing that it violates the Constitution and would cause immediate and irreparable harm to residents. Judge Coughenour agreed to temporarily block the order, chastising the Trump administration’s legal arguments and questioning the constitutional basis for the policy.

During the hearing, Judge Coughenour strongly questioned the legal foundation of the administration’s reasoning, expressing astonishment at the lack of thorough legal review in drafting the executive order. He sharply criticized the assertion that the action was constitutional, describing it as profoundly flawed and difficult to comprehend.

The states challenging the order argued that the 14th Amendment clearly confers citizenship to individuals born in the United States, and the president lacks the authority to unilaterally alter the Constitution. They warned that implementing the order would render individuals stateless, undocumented, and at risk of detention or deportation.

Trump’s Department of Justice (DoJ) defended the order, claiming that the phrase “subject to the jurisdiction thereof” in the 14th Amendment excludes children of non-citizens in the US unlawfully. The administration argued the measure was essential to addressing what they described as a “broken immigration system” and an ongoing crisis at the southern border.

Legal experts believe the case is likely to progress to the US Supreme Court, given its implications for constitutional law and immigration policy. The 14th Amendment, adopted in 1868, was originally intended to guarantee citizenship for freed slaves and their descendants, and has since been interpreted to grant citizenship to nearly all individuals born on US soil, with limited exceptions.

In 2022, approximately 255,000 children were born to undocumented mothers in the US, according to data cited in the states’ legal challenge. Critics of Trump’s executive order, including the American Civil Liberties Union (ACLU) and multiple Democratic-led states, argue the policy would undermine a fundamental constitutional principle and disproportionately harm vulnerable populations.

The ruling comes amid a broader wave of legal challenges to Trump’s recent executive actions since his return to the presidency. A coalition of 18 Democratic-led states, the District of Columbia, and San Francisco has filed separate lawsuits against the order.

Judge Coughenour, a Reagan appointee who has served on the bench since 1981, emphasized the constitutional issues at stake. He described the order as a return to one of America’s “darkest chapters” and reaffirmed the significance of protecting constitutional rights.

The DoJ has announced plans to appeal the ruling, setting the stage for a prolonged legal battle that could reshape the interpretation of the 14th Amendment and the future of birthright citizenship in the US.