JUDGE TEMPORARILY BLOCKS TRUMP ORDER TO END BIRTHRIGHT CITIZENSHIP, CALLS ORDER “BLATANTLY UNCONSTITUTIONAL”
By Miriam Raftery
January 23, 2025 (Washington, D.C.) – A federal judge appointed by conservative Ronald Reagan called President Donald Trump’s executive order to end birthright citizenship “blatantly unconstitutional.” U.S. District Judge John Coughenour issued a temporary restraining order to block the order from taking effect, Associated Press (AP) reports. The case was filed by Washington state and others. Plaintiffs argued that the Constitution’s 14th Amendment and Supreme Court case law have cemented birthright citizenship, KQED reports. The judge’s order applies nationwide, while this and other cases are litigated and appealed. A total of five lawsuits have been filed over the issue by 22 states including California, as well as by immigrant rights groups and the American Civil Liberties Union.
“I’ve been on the bench for over four decades. I can’t remember another case where the question presented is as clear as this one. This is a blatantly unconstitutional order,” Coughenour said during the hearing, CNN reported.
Trump’s order seeks to end citizenship from being issued to children born in the U.S. if the parents are not in the U.S. legally In addition, his order would prohibit citizenship from children born to a mother who is in the U.S. on a temporary and legal basis, such as student, work, or tourist visas, unless the father is a citizen or lawful permanent resident. The order would take effect in 30 days, on Feb. 19, and apply to children born on or after that date.
The order is in direct contradiction to the U.S. Constitution’s 14th amendment, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Trump’s order contends that children of undocumented immigrants as well as children born to mothers here on a temporary basis are not “subject to the jurisdiction” of the U.S.
The 14th amendment was adopted after the Supreme Court’s ruling in the controversial Dred Scott v. Sandford case back in 1857, in which justices held that children of slaves were not entitled to citizenship. After passage of the 14th Amendment, a later Supreme Court case in 1898 ruled that Wong Kim Ark, an American citizen born in San Francisco, was wrongly denied reentry to the U.S. after a trip abroad and affirmed the Chinese-American man’s right to citizenship.
View our prior coverage of Trump’s birthright citizenship executive order: