A federal judge in Seattle has issued a temporary restraining order blocking President Donald Trump’s controversial executive order on birthright citizenship. The ruling, delivered Thursday, came after four Democratic-led states sought the order to prevent the executive action from taking effect.
The executive order, signed by Trump, sought to reinterpret the 14th Amendment’s guarantee of birthright citizenship by limiting it to children born in the U.S. to at least one parent who is a U.S. citizen or permanent resident. This move, which Trump had repeatedly promised during his campaign, is expected to ignite a long legal battle over the president’s broader immigration policies.
The states of Arizona, Oregon, Washington, and Illinois filed a lawsuit arguing that Trump’s executive order would unlawfully deny citizenship to as many as 150,000 children born each year in these states. The lawsuit contends that this change would strip these children of their rights to fully participate in American society, potentially rendering them undocumented and subject to removal or detention.
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“The Plaintiff States will suffer irreparable harm because thousands of children will be born within their borders but denied full participation and opportunity in American society,” the complaint states. It further argues that the executive order could create a new underclass of people who would lose their right to vote, serve on juries, and pursue political office.
In a parallel case in Maryland, federal judge Deborah Boardman held a telephone conference regarding a challenge brought by nonprofit organizations and five pregnant undocumented women. They are also seeking to temporarily block the executive order. The Department of Justice (DOJ), defending the executive action, argued that no enforcement steps had yet been taken, suggesting that agencies would not start implementing the order until February 19, 2025. However, plaintiffs expressed concern that the order might be applied sooner than expected.
In Seattle, U.S. District Judge John Coughenour scheduled an in-person hearing on the case, and following Thursday’s proceedings, he agreed to the temporary restraining order. Coughenour was nominated to the bench by President Ronald Reagan in 1981. His ruling temporarily halts the executive order while the legal challenges unfold.
Trump’s order focuses on the language of the 14th Amendment, particularly the phrase “subject to the jurisdiction thereof,” which the administration argues excludes children born to parents who are unlawfully in the country. Legal experts have expressed doubts about the constitutionality of the order, pointing to longstanding interpretations of birthright citizenship that have been enshrined by the Supreme Court.
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The 14th Amendment, passed after the Civil War, affirms birthright citizenship by guaranteeing that anyone born on U.S. soil is a citizen, regardless of their parents’ immigration status. This principle was further solidified by the Supreme Court in 1898 when it ruled that a child born to Chinese immigrants in San Francisco was an American citizen, despite restrictive immigration laws.
By challenging birthright citizenship, Trump’s order revisits the same clause that was pivotal in the 1898 ruling. While legal scholars widely agree that the executive order is likely unconstitutional, this case may set the stage for an extensive legal battle, potentially making its way to the U.S. Supreme Court.
The Department of Justice, now led by a new administration, has indicated its intention to defend the executive order. The legal battles are expected to continue, with the next hearing scheduled for February 5, 2025, as part of the ongoing efforts to address the constitutionality of the executive action.
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