01-23-2025, 8:21 PM

A federal judge has temporarily blocked Trump's executive order redefining birthright citizenship

Donald Trump / Video Screenshot

A federal court ruled Thursday that President Donald Trump's executive order removing birthright citizenship was "blatantly unconstitutional" and granted a temporary restraining order to prevent implementation.

The executive order issued by Trump on Monday, titled Protecting the Meaning and Value of American Citizenship, seeks to limit birthright citizenship to persons with at least one parent who is a US citizen or permanent resident. It also specifies that children born to lawful but temporary residents of the nation would no longer be automatically granted citizenship.

Judge John Coughenour, a Ronald Reagan appointee based in Seattle, granted Washington Attorney General Nick Brown's and three other Democratic-led states' request for an emergency order halting policy implementation for the next 14 days while more briefings are conducted in the legal challenge.

“I have been on the bench for over four decades. I can’t remember another case whether the question presented was as clear,” Coughenour said.

“Where were the lawyers” when the decision to sign the executive order was made, the judge asked. He said that it “boggled” his mind that a member of the bar would claim the order was constitutional.

The Democratic-led states are seeking a temporary restraining order, claiming that Trump's executive order violates the Constitution's 14th Amendment, which grants citizenship to any children born on US territory "and subject to the jurisdiction thereof."

The Trump administration claims that the word "subject to the jurisdiction thereof" empowers the president to exclude the children of illegal immigrants, as well as children whose parents are lawfully present but lack permanent legal status.

Brett Shumate, a Justice Department attorney, requested the judge to postpone issuing an emergency injunction banning the program until more information about it was available.

“i understand your concerns,” Shumate said, but he urged the court against making “a snap judgment on the merits.”

According to some immigration professionals, the presidential order is vague, and asylum seekers may still be able to get birthright citizenship for their children.

“There might be a loophole for those seeking asylum,” said Helena Tetzeli, an attorney with the American Immigration Lawyers Association. “The executive order states the parents’ legal status cannot be ‘unlawful or temporary.’ If you’re applying for asylum, you are here lawfully and your process is not temporary; you intend to stay here permanently.”

Democratic attorneys general from 23 states have sued to stop Trump's executive order. Many legal experts predict the injunction will be overturned by the Supreme Court, despite its 6-3 conservative majority.

During the February 5 hearing, the court will assess the plaintiffs' motion to temporarily stop the order.

Meanwhile, in a complaint launched by the American Civil Liberties Union and other civil and immigrant rights organizations in New Hampshire, a federal court has scheduled a hearing on February 10 to review the groups' request to temporarily prohibit the order from taking effect.

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