Seattle, January 25 (CNN) — A federal judge in Seattle has temporarily blocked former President Donald Trump’s executive order aimed at ending birthright citizenship in the United States. The judge called the policy “blatantly unconstitutional” and issued a temporary restraining order halting its implementation for 14 days. This order allows for further legal briefings.
Judge’s Criticism of the Executive Order
- Judge John Coughenour, a Reagan appointee, criticized the executive order, expressing disbelief that such a decision was made.
- “Where were the lawyers when this decision was made?” the judge asked, pointing out the constitutional issues at play.
- Coughenour stated that in his four decades on the bench, he had never encountered a case as clear as this one.
Legal Challenge and Arguments
- The lawsuit, led by Washington Attorney General Nick Brown and supported by three other Democratic-led states, argues that the order violates the 14th Amendment, which guarantees citizenship to all children born on US soil.
- Lane Polozola, an attorney representing Washington, emphasized that births cannot be paused and argued that the policy could harm children by denying citizenship and depriving them of federal benefits.
- He highlighted the long-term negative impacts this could have, particularly on state programs.
- The Trump administration, however, maintains that the 14th Amendment’s clause—“subject to the jurisdiction thereof”—allows the president to exclude children of undocumented immigrants and even those with parents lacking permanent legal status.
Reactions and Further Legal Proceedings
- In response to the ruling, Trump expressed his intent to challenge the decision, and additional lawsuits have been filed against the executive order, including by immigrant rights groups and Democratic attorneys general.
- In Maryland, during a separate legal proceeding, the Justice Department acknowledged that federal agencies had not yet taken steps to enforce the order.
- A hearing in Maryland is scheduled for February 5 to consider whether the policy should be temporarily blocked.
- Additionally, a federal judge in New Hampshire is set to hear another legal challenge on February 10, filed by civil rights and immigration groups, seeking a preliminary injunction against the executive order.
Broader Impact
This legal battle centers on the interpretation of the 14th Amendment and the rights of children born in the U.S. to undocumented or temporarily present parents, with far-reaching implications for immigration policy and citizenship rights in the U.S.