A federal judge in Seattle has temporarily blocked President Donald Trump’s executive order aimed at ending birthright citizenship, labelling the move as “blatantly unconstitutional.”
US District Judge John Coughenour made the ruling during a hearing on Thursday, saying that the order was a clear violation of the Constitution. His comments came as part of an ongoing legal challenge brought by several states, including Arizona, Illinois, Oregon, and Washington, who argue the executive action is unlawful.
The case represents the first legal challenge to the controversial order, which Trump signed on Inauguration Day, and was slated to take effect on February 19. The lawsuit, which involves 22 states and immigrant rights groups, includes testimony from several US citizens, some born under the 14th Amendment’s guarantee of birthright citizenship, and highlights concerns from pregnant women about their children’s citizenship status.
During the hearing, Judge Coughenour, appointed by Ronald Reagan, questioned the Justice Department’s lawyer, Brett Shumate, about the legal grounds for the order. When Shumate requested more time to argue his case, Coughenour asserted that the hearing was the appropriate venue to make his arguments.
The lawsuit challenging the executive order contends that it undermines the 14th Amendment of the US Constitution, which has guaranteed citizenship for anyone born on US soil for over a century. This principle, known as jus soli, is a cornerstone of American immigration policy. In his ruling, Coughenour emphasized that the order contradicted the established legal framework and said he could not recall another case where the action in question was so evidently unconstitutional.
Trump’s order seeks to limit birthright citizenship to children born in the US to parents who are citizens or lawful permanent residents, excluding those born to undocumented immigrants or individuals on temporary visas. The executive action could impact hundreds of thousands of children born in the US each year to non-citizen parents, with estimates suggesting that over 250,000 children could be affected annually.
The Justice Department argued that no harm had yet been caused by the order, and that it only applied to births after the scheduled implementation date. However, Coughenour’s ruling places a temporary hold on the order, reflecting concerns that it violates constitutional protections.
