A federal judge in Seattle on Thursday temporarily halted President Donald Trump’s executive order ending automatic birthright citizenship in the United States, calling it “plainly unconstitutional.”
U.S. District Judge John Cognore, responding to a request from four Democratic-led states, issued a temporary restraining order to block the implementation of the order, which Trump signed on his first day in office. The order directs federal agencies to deny citizenship to children born in the United States if neither parent is a U.S. citizen or lawful permanent resident.
“I have difficulty understanding how a member of the bar can categorically say that this order is constitutional,” Judge Cognore told a Justice Department lawyer defending Trump’s directive. “It just boggles my mind.”
The states—Washington, Arizona, Illinois, and Oregon—argued that the order violated the citizenship clause of the 14th Amendment.which guarantees citizenship to anyone born in the United States. “This is a clearly unconstitutional order,” the judge reiterated.
“Under this order, children born today will not be considered American citizens,” said Washington Assistant Attorney General Lynn Polozola during a court hearing, highlighting the immediate consequences of the order.
Cognore, appointed by Republican former President Ronald Reagan, signed an executive order halting the directive nationwide for 14 days, considering the initial injunction.
The executive order, if enacted, would deny citizenship to more than 150,000 newborns annually, preventing them from obtaining Social Security numbers, government benefits and legal employment as they grow up. Children born after February 19 to parents without citizenship or permanent residency will also face deportation under Trump’s directive.
A Democratic state attorney general has emphasized that the citizenship clause of the 14th Amendment was cemented 127 years ago when the Supreme Court ruled that children born in the United States to noncitizen parents are entitled to citizenship. are Passed in 1868 after the Civil War, the provision overturned the infamous Dred Scott decision of 1857, which declared that constitutional protections did not apply to black people.
The Justice Department defended Trump’s order in a filing Wednesday as an “essential part” of efforts to fix the U.S. immigration system and deal with the crisis at the southern border. During the hearing, Justice Department attorney Brett Shumate argued the constitutionality of the order and called it “grossly inappropriate” to block it.
Meanwhile, 36 Republican allies in the US House of Representatives have introduced legislation to limit birthright citizenship to children of citizens or legal permanent residents. Civil rights groups and Democratic attorneys general of 22 states have also filed suit, calling the order a clear violation of the US Constitution.
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