A federal judge in Seattle has temporarily blocked former President Donald Trump’s executive order that aimed to end birthright citizenship, calling it “blatantly unconstitutional.” Judge John Coughenour, who has served on the bench for over four decades, issued a 14-day restraining order in response to a legal challenge filed by Washington State and three other Democrat-led states.
The states argue that Trump’s order violates the 14th Amendment of the U.S. Constitution, which guarantees citizenship to all children born on U.S. soil and “subject to the jurisdiction thereof.” Washington Attorney General Nick Brown emphasized the harm caused by the policy, with an attorney for the state, Lane Polozola, stating that children born during the legal fight face uncertainty about their citizenship. He warned that denying these children citizenship would have significant long-term consequences and argued the policy was intentionally harmful.
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The states also highlighted financial and logistical burdens the order would impose, as children excluded from citizenship would lose access to federal benefits, creating strain on state programs.
The Trump administration, however, claimed that the executive order was within the president’s authority. Justice Department attorney Brett Shumate argued that the 14th Amendment’s clause “subject to the jurisdiction thereof” provides grounds to exclude children of undocumented immigrants and those whose parents lack permanent legal status. Shumate requested the court to avoid making a rushed decision and allow for further legal briefings.
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The judge, however, criticized the administration’s legal reasoning, expressing disbelief that any attorney would argue the order was constitutional. The restraining order temporarily halts the policy’s implementation while the legal challenge moves forward.
