A federal judge in Seattle has temporarily blocked Donald Trump’s attempt to end birthright citizenship in the US.
Trump hopes to end that rule for children born to parents who are in the country illegally or temporarily.
“The individuals who are stripped of their United States citizenship will be rendered undocumented, subject to removal or detention, and many will be stateless,” the lawsuit states.
There were 255,000 children born to undocumented mothers in the US in 2022, according to the states’ legal challenge.
Trump’s order is also facing a legal challenge from the American Civil Liberties Union (ACLU).
The US government’s attempt to deny Donald Trump birthright citizenship has been temporarily halted by a federal judge in Seattle.
After hearing Trump’s executive order for 25 minutes on Thursday, US District Court Judge John Coughenour declared it “blatantly unconstitutional” and issued a restraining order to prevent it from taking effect.
Almost anyone born in the United States is automatically granted citizenship under a long-standing interpretation of the Constitution’s 14th Amendment.
For children born to parents who are temporarily or illegally in the country, Trump wants to repeal that rule.
A request was made by four states—Washington, Arizona, Illinois, and Oregon—to halt the order while the federal court reviews their legal challenge.
“The Trump order is blatantly unconstitutional,” Judge Coughenour declared. “,”.
When he said, “It boggles my mind,”.
The case may eventually reach the US Supreme Court, and the order will be suspended for 14 days while additional legal proceedings are conducted.
Since taking office again on Monday, Trump has made a number of unilateral moves and has long promised to implement this specific change.
In his executive order, he directed US government departments and agencies to refuse citizenship to children of migrants who are either temporarily or illegally in the country.
According to the Department of Justice’s (DoJ) court filings, it would have applied to children born on February 19 and later.
According to reports, the administration intended to implement the order by denying passports and other documents to those it believes are not eligible for citizenship.
The judge’s order also temporarily prevented federal agencies from enforcing the order.
The four states contesting the order claim that the president lacks the authority to change the Constitution and that the 14th Amendment and US law “automatically confer citizenship upon individuals born in the United States.”.
If the order is put into effect, they continue, citizens of those states will “suffer immediate and irreparable harm.”.
“The people who lose their U.S. citizenship will become undocumented, vulnerable to deportation or imprisonment, and many will be without a state,” the lawsuit claims.
The judge rejected the Trump administration’s argument that the states’ case did not call for the “extraordinary measure” of a temporary restraining order.
As stated in part by the 14th Amendment, which was ratified in 1868, “Everyone born or naturalized in the United States, and subject to its jurisdiction, is a citizen of the United States.”.
Children of non-citizens who are in the US illegally are excluded by the clause “and subject to there jurisdiction thereof,” according to the DoJ, which also stated that the order is “an integral part” of Trump’s plan to address the nation’s “broken immigration system and the ongoing crisis at the southern border.”.
The states’ legal challenge cites 255,000 children born to undocumented mothers in the United States in 2022.
With very few exceptions, including the children of foreign diplomats, courts have interpreted the amendment to grant citizenship to anyone born on US soil.
“There is no legitimate legal debate on this question,” Connecticut Representative William Tong, a US citizen by birthright, told AP, describing the issue as personal. “.”.
The matter is likely to be resolved by the courts in the absence of a direct amendment to the US Constitution, which needs the consent of all US states in addition to a two-thirds majority in both chambers of Congress, according to experts.
The executive order was paused by Judge Coughenour, who has been a member of the Western District of Washington court since 1981. He was appointed by Republican President Ronald Reagan at the time.
The executive order has been challenged separately by the District of Columbia, the city of San Francisco, and 18 other Democratic-led states.
The American Civil Liberties Union (ACLU) is also suing to overturn Trump’s order.