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Judge Blocks Trump’s Attempt To End US Birthright Citizenship

A federal judge in Seattle has temporarily blocked President Donald Trump’s move to terminate birthright citizenship in the US.

US District Court Judge John Coughenour described Trump’s executive order as “blatantly unconstitutional” and halted its enforcement with a restraining order after a brief hearing that lasted 25 minutes on Thursday.

The 14th Amendment has traditionally been interpreted to grant citizenship to almost anyone born on US soil.

Trump aims to abolish this provision for children born to non-citizen parents who are in the US illegally or on temporary visas.

Officials from four states—Washington, Arizona, Illinois, and Oregon—requested a temporary halt to the order while a federal court reviews their legal challenge.

During the hearing, Judge Coughenour questioned a Trump administration attorney about where the lawyers were when the executive order was drafted by Trump’s team, and chastised him for his claim that the order is constitutional. “It boggles my mind,” he said.

The executive order has been suspended for 14 days pending additional legal actions.

Since his recent return to the presidency, Trump has been keen to implement this change, among other unilateral initiatives.

His executive order directs US government bodies to refuse citizenship to children of migrants who are in the country illegally or on temporary visas.

This directive was set to apply to children born from February 19th onward, as noted in legal documents from the Department of Justice.

Reports suggest that the administration planned to enforce this order by withholding essential documents, such as passports, from those deemed ineligible for citizenship.

The judicial order also temporarily prevents any federal agencies from enforcing Trump’s order.

In their lawsuit, the four states argue that the 14th Amendment and US statutes grant citizenship to anyone born in the United States and that the president cannot alter the Constitution through an executive order.

The states warn that the executive order, if enforced, would cause immediate and severe harm by making many residents undocumented, leading to their potential detention or deportation, with some becoming stateless.

Despite arguments by Trump’s Department of Justice dismissing the need for a temporary restraining order, the judge found sufficient grounds to issue one.

The 14th Amendment, established in 1868, includes a clause stating, “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.”

The Justice Department contends that the phrase “subject to the jurisdiction thereof” excludes children born to non-citizens who are unlawfully in the US, asserting that the order is vital for addressing immigration issues and the crisis at the southern border.

In 2022, there were 255,000 children born in the US to undocumented mothers, according to the states’ lawsuit.

Historically, the courts have interpreted the amendment to confer citizenship on nearly all those born on US territory, with narrow exceptions such as children of foreign diplomats.

Changing the Constitution directly, which requires a supermajority in Congress and ratification by the states, is necessary to alter this interpretation, suggesting that the ultimate decision will likely be made by the courts.

Federal government lawyers plan to appeal the decision, anticipating that the issue will reach the US Supreme Court.

The principle of birthright citizenship was affirmed shortly after the Civil War to ensure the citizenship of freed slaves born in the US.

Lane Polozola, representing Washington state, argued in court that Trump’s order threatens to regress to one of the nation’s most troubling eras.

Judge Coughenour, who issued the pause on the executive order, has been on the bench in the Western District of Washington since 1981, appointed by then-President Ronald Reagan.

Eighteen other states led by Democrats, along with the District of Columbia and San Francisco, have filed a separate lawsuit against the executive order. The ACLU is also challenging Trump’s order in court.