US Judge Temporarily Blocks Trump’s Executive Order on Birthright Citizenship, Calls It ‘Unconstitutional’

A United States federal judge has temporarily blocked President Donald Trump’s executive order aimed at ending birthright citizenship, declaring the move “blatantly unconstitutional.”

Judge John Coughenour, appointed by President Ronald Reagan and based in Seattle, issued a 14-day temporary restraining order on Thursday, halting the controversial policy. This decision followed a legal challenge led by Washington Attorney General Nick Brown and three other Democratic-led states.

“I’ve been on the bench for over four decades. I can’t remember another case where the question presented was as clear,” Judge Coughenour remarked, emphasizing the lack of legal merit in Trump’s executive order. He expressed astonishment at the administration’s legal arguments, saying, “Where were the lawyers?” and adding that it “boggled” his mind that anyone could argue the order was constitutional.

The lawsuit filed by the states argues that the executive order directly violates the 14th Amendment of the U.S. Constitution, which guarantees citizenship to all children born on U.S. soil and subject to the jurisdiction thereof. The plaintiffs contend that the president does not have the authority to exclude children born to undocumented immigrants or those with temporary legal status from birthright citizenship.

Lane Polozola, Washington state’s attorney, underscored the urgency of the case, stressing that “births cannot be paused” while courts deliberate. “Babies are being born today here, and in the plaintiff states and around the country, with a cloud cast over their citizenship,” he said, warning that children denied citizenship under the executive order would suffer “long-term substantial negative impacts.”

Polozola further accused the Trump administration of disregarding the potential harm of the policy, arguing that such harm “appears to be the purpose” of the executive order. The states opposing the policy also highlighted that it would impose significant financial and logistical burdens, as children denied citizenship would be ineligible for federal benefits, forcing state programs to absorb the costs.

In its defense, the Trump administration argued that the clause “subject to the jurisdiction thereof” in the 14th Amendment gives the president the authority to exclude children of undocumented immigrants, as well as those whose parents are legally present but lack permanent legal status.

Justice Department attorney Brett Shumate requested the court delay issuing an emergency order, citing the need for more time to review the case thoroughly. “I understand your concerns,” Shumate said, but urged the judge to avoid making a “snap judgment” on the merits of the issue, noting that other lawsuits challenging the executive order were progressing at a slower pace.

In response to the ruling, President Trump vowed to appeal, signaling that the legal battle over the executive order was far from over. Several other lawsuits have been filed against the policy, including actions from a coalition of Democratic attorneys general, immigrant rights groups, and individual plaintiffs.

In Maryland, U.S. District Judge Deborah Boardman is set to hear a related case on February 5, brought by immigrant rights groups and pregnant women concerned about the impact of the order on their children. During a status conference, Justice Department attorney Brad Rosenberg admitted that federal agencies had not yet begun enforcing the policy, acknowledging that it was still in its early stages of development.

Meanwhile, in New Hampshire, a federal judge has scheduled a hearing for February 10 to consider blocking the executive order.