Federal Judge Blocks Trump’s Executive Order Limiting Birthright Citizenship

A federal district court judge on Thursday temporarily blocked President Donald Trump’s executive order aimed at limiting birthright citizenship, marking the first major legal challenge to the new administration’s immigration agenda.

Senior U.S. District Judge John C. Coughenour, a Reagan appointee, issued the temporary restraining order from the bench after hearing 25 minutes of arguments. The order prevents the policy from taking effect for 14 days, allowing further briefing on a potential preliminary injunction to block it permanently while the case proceeds.

The case was brought by four states—Washington, Arizona, Illinois, and Oregon—which argue the executive order violates the 14th Amendment of the U.S. Constitution. The amendment guarantees citizenship to all individuals born on U.S. soil, except for children of foreign diplomats. Plaintiffs compared the policy to the infamous Dred Scott decision of 1857, asserting that it would create a “modern version” of denying citizenship rights and result in a stateless class of children.

The states also argued that the policy would cause substantial harm, including loss of federal funding for programs like Medicaid and CHIP, administrative burdens in adjusting state programs, and significant impacts on children born in the U.S. who would be left without legal protections, including the right to work, travel, or vote.

The Justice Department defended the order, arguing that courts have misinterpreted the 14th Amendment for over a century and that historical evidence shows children of non-resident aliens are not subject to U.S. jurisdiction. DOJ lawyers also contended that the states lack standing to sue based on economic harms, asserting that the order is essential to addressing what the administration calls a “broken immigration system.”

Judge Coughenour called the executive order “blatantly unconstitutional” and noted the clear language of the 14th Amendment. He emphasized the unprecedented nature of the case and the substantial potential harm to children and families.

If implemented, the policy would deny automatic citizenship to children of undocumented immigrants and non-resident aliens, effectively rendering many stateless and stripping them of constitutional protections. The Justice Department stated it would vigorously defend the order and anticipates a final ruling by the Supreme Court.

This case represents the first major test of the Trump administration’s immigration policies and could have far-reaching implications for the legal interpretation of the 14th Amendment. With multiple lawsuits filed across the country, the legal battle over birthright citizenship is expected to escalate rapidly.

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