Trump suffers major setback: Federal Judge blocks Trump’s order restricting birthright citizenship

The executive order, signed on Donald Trump's first day in office, aimed to deny citizenship to children born in the US if neither parent is a citizen or lawful permanent resident

By  Jasleen Kaur January 24th 2025 08:59 AM

PTC Web Desk: A federal judge in Seattle has temporarily halted the implementation of an executive order issued by former President Donald Trump, which sought to curtail the right to automatic birthright citizenship in the United States. US District Judge John Coughenour, responding to a request from four Democratic-led states, called the order "blatantly unconstitutional" during a hearing on Thursday.

The executive order, signed on Donald Trump's first day in office, aimed to deny citizenship to children born in the US if neither parent is a citizen or lawful permanent resident. The move sparked immediate backlash, resulting in lawsuits from civil rights groups and Democratic attorneys general from 22 states.

"This order disregards the Constitution," said Washington Assistant Attorney General Lane Polozola during the hearing. Representing the attorneys general of Washington, Arizona, Illinois, and Oregon, Polozola emphasised that the order contradicts the citizenship clause of the 14th Amendment, which grants citizenship to anyone born on US soil.

Judge Coughenour, appointed by former President Ronald Reagan, granted a temporary restraining order, preventing the enforcement of the policy. The judge could issue a detailed written ruling before the order's scheduled implementation.

If enforced, the policy would strip citizenship from more than 1,50,000 newborns annually, according to the suing states. These children would also lose access to Social Security numbers, government benefits, and the ability to work legally as adults.

The Justice Department defended the order, calling it a vital step in addressing issues within the immigration system and challenges at the southern border. The department also argued that the 14th Amendment does not universally guarantee birthright citizenship, citing the 1898 Supreme Court case United States v. Wong Kim Ark, which it claimed applied only to children of lawful permanent residents.

Democratic attorneys general countered by asserting that the Supreme Court firmly established the understanding of the 14th Amendment over a century ago, ensuring citizenship rights for children born in the US, regardless of their parents' legal status.

Meanwhile, 36 Republican members of Congress have introduced legislation to restrict automatic citizenship to children born to US citizens or lawful permanent residents.

The outcome of this legal battle could have far-reaching implications for immigration policy and constitutional interpretations of citizenship in the United States.

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