Federal Judge Blocks Trump’s Executive Order on Birthright Citizenship

A U.S. federal judge has temporarily blocked President Donald Trump’s executive order aimed at redefining birthright citizenship, calling it “blatantly unconstitutional.” The ruling came during an initial hearing on a multi-state lawsuit challenging the order.

U.S. District Judge John Coughenour repeatedly pressed Justice Department attorney Brett Shumate for a constitutional basis supporting the order. When Shumate requested to provide further explanation in a formal briefing, the judge reminded him that the hearing was his opportunity to do so.

The temporary restraining order, granted at the request of Arizona, Illinois, Oregon, and Washington, applies nationwide. This case is one of five lawsuits filed by 22 states and multiple immigrant rights groups opposing the executive order. The lawsuits cite personal experiences of attorneys general who are birthright citizens and raise concerns from pregnant women fearing their children may be denied U.S. citizenship.

Washington Assistant Attorney General Lane Polozola dismissed the government’s argument that children of parents residing in the country without authorization are not “subject to the jurisdiction” of the United States. He questioned whether such individuals were exempt from immigration courts or U.S. laws while in the country.

Polozola argued that the executive order would force states to immediately restructure healthcare and benefits systems, costing millions of dollars. He also highlighted the far-reaching impact of the policy, which could strip citizenship from hundreds of thousands of people nationwide.

“Births cannot be paused while the court considers this case,” Polozola stated, emphasizing the urgency of the matter.

Trump signed the executive order on Inauguration Day, with plans for it to take effect on February 19. If implemented, it could affect a significant number of individuals, including the approximately 255,000 children born in 2022 to mothers living in the country without authorization. A lawsuit filed in Seattle estimates that around 153,000 of those births involved parents who are both unauthorized immigrants.