federal Judge Blocks Trump’s Executive Order on Birthright Citizenship, Calling It “Openly Unconstitutional”
In a landmark ruling, a federal judge has temporarily blocked president Donald Trump’s executive order aimed at redefining birthright citizenship, describing the measure as “openly unconstitutional.” The decision marks the first legal victory for a coalition of states challenging the controversial order,which seeks to deny citizenship to children born in the U.S. to non-citizen parents.
The temporary restraining order, requested by Arizona, Illinois, Oregon, and Washington, was granted by U.S. District Judge John C. Coughenour during a hearing on Thursday. The judge, appointed by former President Ronald Reagan, did not mince words, repeatedly interrupting Department of Justice lawyer Brett shumate to question the constitutionality of the order.“This is an openly unconstitutional order,” Coughenour stated during the hearing. “I have been on the bench for over four decades, and I cannot recall another case where the contested action was so clearly unconstitutional.”
The executive order, signed by Trump on the day he took office, was set to take effect on February 19. It would have directed federal agencies to deny citizenship to children born in the U.S. unless at least one parent is a citizen or lawful permanent resident. The order has sparked widespread outrage and legal challenges from 22 states and immigrant advocacy groups,who argue that it violates the 14th Amendment of the U.S. Constitution.
The Legal Battle Over Birthright Citizenship
The 14th Amendment, ratified in 1868, explicitly states: “All persons born or naturalized in the United States and subject to its jurisdiction, are citizens of the United States and the state in which they reside.” This principle,known as jus soli or “right of the soil,” has been the foundation of U.S. citizenship for over a century.
Though, Trump’s order claims that non-citizens are not subject to U.S. jurisdiction and therefore their children should not automatically qualify for citizenship. This interpretation has been met with fierce opposition, with critics pointing to the landmark 1898 Supreme Court case United States v. Wong Kim Ark. In that case,the Court ruled that Wong kim Ark,born in San Francisco to Chinese immigrants,was a U.S. citizen despite his parents’ immigration status.
“There is no legitimate legal debate on this issue,” said Connecticut Attorney General William Tong, a birthright citizen and the first Chinese-American attorney general in the nation. “But the fact that Trump is entirely wrong will not prevent him from causing serious damage to American families such as mine.”
Personal Stories Highlight the Human Impact
The legal challenges include personal testimonies from American citizens and pregnant women who fear their children will be denied citizenship.One plaintiff, identified as “Carmen,” is a pregnant woman who has lived in the U.S. for over 15 years and has a pending visa submission that could lead to permanent residency.
“stripping the children of the ‘invaluable treasure’ of citizenship is a serious injury,” the lawsuit states. “It denies full membership in American society to which they are entitled.”
According to the lawsuit filed in Seattle, approximately 255,000 children where born to undocumented mothers in 2022, and another 153,000 were born to undocumented fathers. These children, who would otherwise be U.S. citizens, could face statelessness if the order were to take effect.
A Nationwide Impact
The temporary restraining order applies nationwide, halting the implementation of Trump’s executive order until further legal proceedings. The case is one of five lawsuits filed across the country, with states and advocacy groups arguing that the order undermines the Constitution and threatens the rights of hundreds of thousands of people.
The U.S. is one of about 30 countries that grant citizenship by birthright, a practice common in the Americas. Neighboring countries like Canada and Mexico also adhere to the principle of jus soli.
Key Points at a Glance
| Aspect | Details |
|—————————|—————————————————————————–|
| Executive Order | Signed by Trump on his first day in office, set to take effect February 19. |
| Legal Challenge | Blocked by federal judge John C. Coughenour,who called it unconstitutional.|
| 14th Amendment | Guarantees citizenship to those born or naturalized in the U.S. |
| Impact | Could affect over 400,000 children born to undocumented parents annually. |
| Historical Precedent | United States v. Wong Kim Ark (1898) affirmed birthright citizenship. |
What’s next?
The Department of Justice has requested a full briefing on the merits of the case, arguing that the temporary restraining order is premature. However,Judge Coughenour’s strong stance suggests that the governance faces an uphill battle in defending the order.
As the legal battle unfolds, the case raises profound questions about the future of birthright citizenship and the rights of immigrants in the U.S. For now, the temporary restraining order offers a reprieve for families like Carmen’s, but the fight is far from over.Stay informed on this developing story by joining our WhatsApp Channel or following us on Telegram.