Judge Blasts Trump’s Citizen Birthright Order But Will It Stand?

By Ritu Jha-

States, legal experts, and immigration and civil rights advocates are welcoming a Seattle federal judge’s sharp rebuke of President Trump’s executive order seeking to end birthright citizenship.

U.S. District Judge John C. Coughenour called Trump’s move “blatantly unconstitutional.” The ruling, issued in response to a lawsuit brought by four states — Washington, Arizona, Illinois, and Oregon — halts the order for 14 days. Although temporary, the decision has offered a sense of hope for those challenging the measure.

“His attempt to end it by executive order was already blocked by a federal district court judge in the state of Washington. He is not king!” said Muzaffar Chishti, senior fellow at the Migration Policy Institute told indica.

The controversial executive order, titled “Protecting the Meaning and Value of American Citizenship,” aims to end automatic citizenship for children born in the U.S. to parents who are neither U.S. citizens nor lawful permanent residents, including those on temporary visas.

Legal and Community Reactions

Leslie Gielow Jacobs, Anthony Kennedy Professor of Law at the University of the Pacific McGeorge School of Law, called the temporary order unsurprising and emphasized the long legal road ahead.

“This case should go through full hearings on the merits at the district court and appeals court levels, which could take at least a year before the government can ask the Supreme Court to review it,” Jacobs told indica.

The Asian Law Caucus, a civil rights organization that has filed a separate lawsuit against Trump’s executive order, welcomed the ruling. The organization’s Executive Director Aarti Kohli noted that a hearing for their case is set for Feb. 10.

“We have filed a lawsuit to stop President Trump’s executive order from going into effect,” Kohli told indica. She explained that the judge’s decision to issue a temporary restraining order (TRO) was an important step in halting the policy while broader legal arguments are considered.

A TRO is an emergency court order that temporarily stops an action to give the court time to review its legality. “The executive order changes an assumption about the interpretation of the Constitution that has been in place across the nation for many decades,” Jacobs said.

Concerns Over Precedent

Jacobs believes that the government will likely seek to appeal the temporary block to a higher court. “Next steps will be that the government seeks the federal court of appeals or the U.S. Supreme Court to vacate the stay and allow the executive order to go into effect,” she said.

However, Jacobs is skeptical about how quickly the case will proceed, even with the current composition of the Supreme Court. “I do not predict that there are five justices, even on this changed Supreme Court, who will act quickly to give the president what he wants,” she said.

She also noted that while this issue is significant, other legal battles may arise where Trump could have stronger arguments. “I’ve been wrong predicting this Supreme Court before, but I still don’t think this is the issue five justices will quickly jump into,” Jacobs said.

Broader Challenges

In addition to the lawsuits from individual states, a coalition of 22 states and several civil rights organizations have filed challenges against the order. Plaintiffs argue that neither the Constitution nor federal statutes confer authority on the president to redefine the parameters of American citizenship.

Trump’s executive order asserts that the 14th Amendment does not guarantee universal birthright citizenship. It contends that the amendment has historically excluded individuals born in the U.S. who are not “subject to the jurisdiction thereof.”

Indian American Community and Citizenship Concerns

The order has drawn significant criticism from the Indian American community, particularly families on temporary visas. Many have expressed shock and concern about the potential impact on their U.S.-born children.

For Indian parents, obtaining Indian citizenship for their U.S.-born children remains an option. According to the Indian Consulate in San Francisco, the process requires at least one parent to be an Indian citizen.

Parents must register their child’s birth at the consulate within one year and subsequently apply for an Indian passport. More details are available on the Indian Consulate’s website.

A comprehensive guide to applying for birth registration and passports is also provided by VFS Global, which processes passport applications. Click here for more information.

For additional queries, families can contact the consulate at misc.sf@mea.gov.in.

Next Steps

The legal battle over birthright citizenship is likely to continue for months or even years, as lawsuits work their way through the courts. For now, Judge Coughenour’s temporary restraining order has delayed the implementation of Trump’s executive order, keeping birthright citizenship intact while the judiciary deliberates its future.