iNDICA NEWS BUREAU-
A federal judge ruled Thursday, January 23, that President Donald Trump’s executive order to end birthright citizenship is “blatantly unconstitutional” and issued a temporary restraining order to prevent the policy from taking effect, according to CNN.
Judge John Coughenour, a Ronald Reagan appointee based in Seattle, granted an emergency request from Washington State Attorney General Nick Brown and attorneys general from three other Democratic-led states to block the executive order for 14 days while the legal challenge continues.
“I have been on the bench for over four decades. I can’t remember another case whether the question presented was as clear,” Judge Coughenour said. He also expressed disbelief over the legal arguments supporting the executive order, saying, “Where were the lawyers?” and that it “boggled” his mind that anyone would claim the order was constitutional.
The Democratic-led states argue that Trump’s executive order violates the 14th Amendment of the Constitution, which guarantees citizenship to all children born on U.S. soil and subject to its jurisdiction. They sought the temporary restraining order to halt the policy immediately.
Lane Polozola, an attorney for Washington State, told the judge that “births cannot be paused” while the case is being reviewed. “Babies are being born today here, and in the plaintiff states and around the country, with a cloud cast over their citizenship,” Polozola said. Polozola warned that denying citizenship to these children would result in “long-term substantial negative impacts.”
Polozola argued that the Trump administration had not only ignored these potential harms in its filings, but that the harm “appears to be the purpose” of the executive order itself. Additionally, Washington and other states argue that ending birthright citizenship would impose significant financial and logistical burdens on state programs, as children denied citizenship would no longer be eligible for federal benefits.
In defense of the order, the Trump administration contends that the phrase “subject to the jurisdiction thereof” in the 14th Amendment allows the president to exclude children of undocumented immigrants and those with legal status but without permanent residency.
Justice Department attorney Brett Shumate urged the judge to delay issuing an emergency order blocking the policy until more extensive briefings could be held. While acknowledging the judge’s concerns, Shumate argued against making a hasty decision and emphasized that other legal challenges to the executive order were proceeding on a slower timeline. He also noted that the states were facing “imminent harm” from the policy.
