Judge Blocks Trump's Order to End Birthright Citizenship
A federal judge in Seattle has temporarily halted former President Donald Trump's executive order intended to terminate birthright citizenship in the United States, calling the policy 'blatantly unconstitutional,' media reported. On Thursday, Judge John Coughenour, a Reagan appointee, issued a temporary restraining order after a legal challenge from Washington Attorney General Nick Brown and three other Democratic-led states. The restraining order suspends the policy's implementation for 14 days to permit further legal deliberations.
Judge Coughenour, with over four decades of service, voiced his surprise at the evident nature of the issue in this case. He was incredulous that the executive order was signed, wondering why legal counsel was not present during the decision-making. The judge noted his confusion over how any legal expert could argue that the order was constitutional. The lawsuit argues that Trump's executive order violates the 14th Amendment of the US Constitution, which guarantees citizenship to all children born in the United States under its jurisdiction.
Lane Polozola, an attorney representing Washington state, remarked that 'births cannot be halted' during the legal proceedings. He pointed out, 'Babies are being born today here, in the plaintiff states, and nationwide, with ambiguity regarding their citizenship.' Polozola also emphasized the potential harm to children who could be denied citizenship under the policy, noting they would face 'substantial long-term negative consequences.'
He contended that the administration's filings to date have not only neglected to address these harms but implied that causing harm 'seems to be the intention' of the order. He further highlighted the financial and logistical challenges state programs would face if children were denied federal benefits because of their citizenship status, according to media.
The Trump administration argues that the clause 'subject to the jurisdiction thereof in the 14th Amendment allows the president to exclude children of undocumented immigrants and even those whose parents are legally present but do not have permanent legal status. Justice Department lawyer Brett Shumate opposed the emergency order, requesting the court to permit more time for briefing on the policy.
Shumate acknowledged the concerns but advised against making a quick judgment on the merits. At the White House, Trump stated that his administration plans to contest the ruling. In the meantime, more lawsuits against the executive order have been initiated, including those from Democratic attorneys general, immigrant rights organizations, and individual plaintiffs.
In a different legal case in Maryland, Justice Department Attorney Brad Rosenberg admitted that federal agencies had not yet started to enforce the order. 'The executive order was issued three days ago during a transition period between administrations. Therefore, it's still too soon for the agencies to create the necessary policies for implementation,' Rosenberg explained to US District Judge Deborah Boardman.