A federal judge in Seattle has temporarily blocked President Donald Trump’s executive order that aimed to curtail the right to automatic birthright citizenship in the United States. The order, signed by Trump on his first day in office, has been deemed “blatantly unconstitutional” by U.S. District Judge John Coughenour.
The executive order, signed by Trump on Monday, directed U.S. agencies to refuse to recognize the citizenship of children born in the United States if neither of their parents is a U.S. citizen or legal permanent resident. This order has already sparked five lawsuits from civil rights groups and Democratic attorneys general from 22 states, who argue that it violates the citizenship clause of the 14th Amendment of the U.S. Constitution. The clause guarantees that anyone born in the United States is a citizen.
Judge Coughenour, responding to a request from Democratic-led states including Washington, Arizona, Illinois, and Oregon, issued a temporary restraining order to prevent the administration from enforcing the executive order. During the hearing, Washington Assistant Attorney General Lane Polozola emphasized the immediate impact of the order, stating, “Under this order, babies being born today don’t count as U.S. citizens.”
The challengers argue that Trump’s executive order is a flagrant violation of the U.S. Constitution. The 14th Amendment, adopted in 1868, provides that all persons born or naturalized in the United States are citizens. This understanding was cemented 127 years ago when the U.S. Supreme Court ruled in United States v. Wong Kim Ark that children born in the United States to non-citizen parents are entitled to American citizenship.
The U.S. Justice Department defended the executive order, describing it as an “integral part” of the president’s efforts to address the nation’s immigration system and the ongoing crisis at the southern border. The department argued that the 14th Amendment had never been interpreted to extend citizenship universally to everyone born in the country and that the Supreme Court‘s 1898 ruling concerned only children of permanent residents.
If allowed to stand, Trump’s order would deny citizenship to more than 150,000 newborn children annually. These children would be subject to deportation and would be prevented from obtaining Social Security numbers, government benefits, and the ability to work lawfully as they grow older.
The temporary restraining order issued by Judge Coughenour halts the implementation of the executive order, providing a reprieve for those affected. The case will continue to progress through the courts, with further hearings and potential rulings expected in the coming months.
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