Federal judge blocks Trump’s birthright citizenship order, calling it ‘blatantly unconstitutional’

"You are an American citizen if you were born on American soil—period. Nothing that the president can do will change that.”

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Quick summary

• A federal judge temporarily blocked President Trump’s executive order to end birthright citizenship, calling it “blatantly unconstitutional.”

• The order would deny U.S. citizenship to children born in the country if neither parent is a citizen or lawful permanent resident.

• Democratic-led states and civil rights groups argued the order violates the 14th Amendment and longstanding legal precedent.

• Washington state Attorney General Nick Brown stated, “You are an American citizen if you were born on American soil—period.”

• The Justice Department defended the order, calling it part of Trump’s efforts to address the “broken immigration system.”

• Over 150,000 children could lose citizenship annually if the order is implemented, with lawsuits already filed in response.

• The court’s ruling prevents the order from taking effect while legal challenges continue, possibly reaching the Supreme Court.

In a significant legal development, U.S. District Judge John Coughenour issued a temporary restraining order on Thursday to block President Donald Trump’s executive order attempting to curtail birthright citizenship. The order, signed by Trump shortly after taking office, sought to deny U.S. citizenship to children born in the United States if neither parent is a U.S. citizen or lawful permanent resident. Judge Coughenour, a Reagan appointee, condemned the policy as “blatantly unconstitutional,” citing the clear text of the 14th Amendment and more than a century of legal precedent.

The controversial executive order targets children born in the United States after February 19, 2025, if both parents lack U.S. citizenship or permanent residency. The policy would strip these children of their birthright citizenship, rendering them undocumented and vulnerable to deportation. Without citizenship, these individuals would also be denied Social Security numbers, government benefits, and the ability to work lawfully as adults.

The Trump administration has defended the order as part of broader efforts to address what it describes as a “broken immigration system.” Justice Department lawyer Brett Shumate argued in court that the policy is constitutional and necessary to tackle immigration challenges. However, civil rights groups and Democratic-led states have decried the order as unconstitutional and harmful, with far-reaching consequences for children and families.

Democratic attorneys general from 22 states, including Washington, Arizona, Illinois, and Oregon, filed lawsuits challenging the executive order. Their legal argument rests on the Citizenship Clause of the 14th Amendment, which guarantees U.S. citizenship to all individuals born on American soil.

In his ruling, Judge Coughenour expressed incredulity at the administration’s legal rationale, stating, “I am having trouble understanding how a member of the bar could state unequivocally that this order is constitutional. It just boggles my mind.” The judge added, “This is a blatantly unconstitutional order,” and emphasized the clear and established precedent of birthright citizenship.

The restraining order temporarily halts the policy nationwide for 14 days while further arguments for a preliminary injunction are prepared. A hearing on the matter is scheduled for February 6, 2025.

The 14th Amendment, adopted in 1868, was designed to guarantee citizenship rights to formerly enslaved individuals and their descendants. Its Citizenship Clause explicitly states that all persons born or naturalized in the United States are citizens. This principle was reaffirmed in the landmark 1898 Supreme Court case of United States v. Wong Kim Ark, which held that children born in the U.S. to non-citizen parents are entitled to citizenship.

Democratic attorneys general have emphasized the amendment’s significance, with Washington Attorney General Nick Brown asserting, “You are an American citizen if you were born on American soil—period. Nothing that the president can do will change that.”

Trump’s order has sparked widespread condemnation from civil rights groups, legal experts, and immigrant advocates. Critics warn that the policy would create a new underclass of stateless individuals and deny fundamental rights to thousands of children born in the U.S. each year. According to estimates from the plaintiff states, more than 150,000 newborns would be denied citizenship annually if the order is upheld.

The executive order has also faced significant backlash for undermining decades of legal and social progress. Democratic-led states argue that the policy would not only violate constitutional protections but also create instability and insecurity for affected families.

Despite the legal setbacks, the Trump administration has vowed to continue defending the order. A Justice Department spokesperson stated that the administration plans to “vigorously defend” the policy, arguing that it is an “integral part” of efforts to address immigration and border security challenges.

President Trump, reacting to the judge’s ruling, said, “Obviously we’ll appeal,” signaling the administration’s intent to escalate the legal battle. The case is likely to reach the U.S. Supreme Court, which currently holds a 6-3 conservative majority, including three justices appointed by Trump.

In addition to the executive order, 36 Republican lawmakers in the House of Representatives have introduced legislation to restrict birthright citizenship. The proposed bill seeks to limit automatic citizenship to children born to U.S. citizens or lawful permanent residents. While the legislative effort aligns with Trump’s policy goals, it faces significant opposition from Democrats and civil rights organizations.

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