February 24, 2025

‘Blatantly unconstitutional’: US Judge blocks Trump’s birthright citizenship order | Key highlights

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A federal judge delivered a major setback to Donald Trump’s immigration agenda on Thursday. Judge John Coughenour in Seattle issued a temporary restraining order blocking Trump’s executive order to curtail birthright citizenship. The ruling followed lawsuits from four Democratic-led states—Washington, Arizona, Illinois, and Oregon.

Trump’s order sought to deny US citizenship to children born in the country if neither parent is a US citizen or lawful permanent resident. Critics argued the policy violated the 14th Amendment, which guarantees citizenship to anyone born in the US. Judge Coughenour called the order “blatantly unconstitutional” and questioned its legality.

Judge Coughenour, appointed by Republican President Ronald Reagan, strongly criticized the administration’s argument. “I can’t recall a clearer constitutional violation,” he said. He challenged the Justice Department attorney defending Trump’s policy, questioning whether the lawyer personally believed the order was lawful.

The judge added, “This order undermines the core principle of the 14th Amendment. It’s baffling that anyone could claim otherwise.” He promptly signed the restraining order, halting the policy’s enforcement.

Washington State’s assistant attorney general Lane Polozola argued the order’s immediate impact. “Babies born today would not count as US citizens under this policy,” Polozola told the court. Democratic attorneys general claimed the order targeted over 150,000 newborns annually, denying them citizenship and access to basic rights like Social Security and lawful employment.

Justice Department lawyer Brett Shumate defended Trump’s action, calling the judicial intervention “wildly inappropriate.” Shumate claimed the order reflected a correct interpretation of the 14th Amendment. He argued the issue had never been litigated and questioned the need for an immediate restraining order.

Despite Shumate’s defense, Coughenour remained unconvinced. The judge emphasized that the 14th Amendment’s citizenship clause has stood unchallenged for over 150 years, ensuring rights for all individuals born in the US.

Donald Trump expressed his intent to appeal. “Obviously, we’ll challenge the ruling,” he said. His administration pledged to “vigorously defend” the order.

Trump’s order, signed earlier this week, marked a key part of his second-term immigration agenda. By rejecting birthright citizenship, the policy aimed to redefine US immigration laws. Critics warned of devastating impacts on families and civil rights.

The US is one of 30 countries offering birthright citizenship, rooted in the principle of jus soli or “right of the soil.” This principle, enshrined in the 14th Amendment, was ratified after the Civil War to guarantee citizenship for former slaves and African Americans.

Since Trump’s order, six lawsuits have challenged its legality. Civil rights groups and Democratic attorneys general from 22 states argue the order undermines constitutional protections. The temporary restraining order signals the first major legal hurdle for Trump’s immigration policy.

As the legal battle unfolds, the ruling highlights the 14th Amendment’s enduring role in shaping US citizenship laws.