Federal Judge Deems Trump’s Birthright Citizenship Order “Blatantly Unconstitutional”
A federal judge in Seattle has blocked President Donald Trump’s executive order ending birthright citizenship, deeming it “blatantly unconstitutional” and issuing a temporary restraining order to prevent its implementation for the next 14 days.
Washington Attorney General Nick Brown and three other Democratic-led states requested the emergency order, arguing that Trump’s order violates the Constitution’s 14th Amendment, which guarantees citizenship to all children born on US soil “and subject to the jurisdiction thereof.”
Judge John Coughenour, a Ronald Reagan appointee, granted the request, saying, “I have been on the bench for over four decades. I can’t remember another case where the question presented was as clear.” He questioned why no one had raised concerns about the order’s constitutionality during its creation and expressed surprise that a lawyer would claim it was constitutional.
An attorney for the state of Washington argued that the order would have long-term, substantial negative impacts on children who would be denied citizenship and faces difficulties in accessing federal benefits. The judge also considered the potential for a “cloud” to be cast over the citizenship of children born in the US.
The Trump administration is seeking to exclude children of undocumented immigrants and lawfully-present but non-permanently-stored individuals from birthright citizenship, arguing that the phrase “subject to the jurisdiction thereof” allows for the exclusion. Justice Department attorney Brett Shumate urged the judge to delay issuing a ruling, saying it would be a “snap judgment on the merits.”
The judge is set to consider a request to temporarily block the order during a hearing on February 5, while another federal judge in New Hampshire has scheduled a hearing on February 10 to consider a similar request. The Trump administration has announced plans to contest the ruling, and several other lawsuits have been filed against the order.
