On Thursday, a federal judge issued a temporary restraining order blocking President Donald Trump’s executive order aimed at ending birthright citizenship for children born in the United States to parents who are undocumented immigrants.
“I have served on the bench for over 40 years,” stated U.S. District Judge Coughenour in a Seattle courtroom. “I cannot recall another case where the legal question is as clear as this one. This order is blatantly unconstitutional.”
The 14th Amendment of the U.S. Constitution guarantees citizenship to anyone born on U.S. soil, but Trump’s executive order seeks to limit this right by denying citizenship to children born in the U.S. to undocumented parents.
The president’s legal team added provisions requiring at least one parent to be a U.S. citizen or permanent resident for a child to gain citizenship. The order would also apply to children born to individuals legally in the U.S. on temporary visas, such as tourists, students, or temporary workers.
Judge Coughenour issued the temporary injunction after attorneys general from four Democratic-led states filed restraining orders to block the measure. These states argued that the policy could unlawfully deny citizenship to approximately 150,000 newborns annually, in violation of the 14th Amendment.
During Thursday’s hearing, Judge Coughenour criticized Department of Justice attorney Brett Shumate.
“Do you believe this executive order is constitutional?” the judge asked.
“Yes, we do,” Shumate replied, prompting a sharp rebuke from Coughenour.
“I find it difficult to comprehend how an attorney can categorically assert the constitutionality of this order. It’s mind-boggling,” the judge said. “Where were the lawyers when this decision was made?”
Trump had made ending birthright citizenship a prominent campaign issue during the 2024 presidential election. The temporary block on his executive order marks the start of what is expected to be a protracted legal battle over whether the president has the authority to reinterpret or alter the 14th Amendment.
