Washington, DC [US]: A federal judge has ruled that President Donald Trump’s executive order to end birthright citizenship is “blatantly unconstitutional,” issuing a temporary restraining order to halt its implementation, CNN reported.
Judge John Coughenour, a Ronald Reagan appointee based in Seattle, granted an emergency request from Washington State Attorney General Nick Brown and three other Democratic-led states to suspend the order for 14 days while legal proceedings continue.
“I have been on the bench for over four decades. I can’t remember another case where the question presented was as clear,” Judge Coughenour stated. Questioning the legal basis of the executive order, he asked, “Where were the lawyers” when the decision to sign the order was made, adding that it “boggled” his mind that a member of the bar would claim the order was constitutional.
The states challenging the executive order argue it violates the 14th Amendment of the Constitution, which guarantees citizenship to all children born on US soil and subject to its jurisdiction. Lane Polozola, an attorney representing the state of Washington, underscored the urgency of the situation, stating, “Births cannot be paused while the court reviews the case. Babies are being born today here, and in the plaintiff states and around the country, with a cloud cast over their citizenship.”
Polozola warned that denying citizenship to children under the order would result in “long-term substantial negative impacts” and argued that the harm “appears to be the purpose” of the executive order. In addition to individual repercussions, the plaintiff states highlighted the broader financial and logistical strain on state programs, as affected children would lose eligibility for federal benefits typically granted to US citizens.
The Trump administration defended the executive order, asserting that the phrase “subject to the jurisdiction thereof” in the 14th Amendment allows for the exclusion of children born to undocumented immigrants and those whose parents lack permanent legal status.
Justice Department attorney Brett Shumate urged the court to delay issuing an emergency order, arguing that other legal challenges to the policy were advancing at a slower pace. While acknowledging the judge’s concerns, Shumate maintained that further briefing on the matter was necessary, cautioning against a “snap judgment on the merits.”
The legal battle over birthright citizenship continues to unfold, with broader implications for constitutional interpretation and immigration policy.