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'Blatantly unconstitutional': Judge blocks Trump's bid to end birthright citizenship
Trump signed the order on January 20

'Blatantly unconstitutional': Judge blocks Trump's bid to end birthright citizenship

Jan 24, 2025
09:54 am

What's the story

A federal judge in Seattle has temporarily blocked President Donald Trump's executive order that aimed to restrict automatic birthright citizenship in the US. US District Judge John Coughenour issued the temporary restraining order, calling the executive action "blatantly unconstitutional." The order, signed by Trump on his first day back in office, ordered US agencies to deny citizenship to children born in the country if neither parent is a US citizen or lawful permanent resident.

Legal opposition

Democratic-led states challenge Trump's order

The ruling came after four Democratic-led states—Washington, Arizona, Illinois, and Oregon—urged the court to prevent the administration from enforcing the order. Washington Assistant Attorney General Lane Polozola argued the policy violates the 14th Amendment's citizenship clause, which grants citizenship to anyone born on US soil. A Justice Department lawyer, defending Trump's order, said it was a necessary measure to address immigration issues and claimed it was constitutional.

Legal scrutiny

Judge questions constitutionality of Trump's order

However, Judge Coughenour was skeptical. He said, "I am having trouble understanding how a member of the bar could state unequivocally that this order is constitutional." The temporary restraining order puts Trump's policy on hold nationwide for 14 days while further arguments are considered. A hearing on February 6 will determine if a longer injunction should be issued.

Policy consequences

Potential impact of Trump's order on newborns

The Justice Department plans to appeal the ruling and continue defending the executive order. If implemented, Trump's order would impact children born after February 19, denying them citizenship, Social Security numbers, and government benefits if their parents aren't citizens or lawful permanent residents. Democratic state attorneys general estimate that over 150,000 newborns annually would be denied citizenship under the policy.

Political backing

Republican allies support Trump's order

This legal challenge is one of the several lawsuits against Trump's executive action filed by civil rights groups and Democratic attorneys general from 22 states. The 14th Amendment was adopted in 1868 after the Civil War. It overturned the Supreme Court's 1857 Dred Scott ruling, which had stated that constitutional protections did not apply to enslaved Black people.