'This is a blatantly unconstitutional order,' says Judge John Coughenour
A federal judge on Thursday signed a temporary restraining order blocking President Donald Trump's executive order to end birthright citizenship for children born in the US to parents who are illegal immigrants.
"I have been on the bench for over four decades," said US District Judge Coughenour from a Seattle, Washington courtroom. "I can't remember another case where the case presented is as clear as it is here. This is a blatantly unconstitutional order."
The Constitution's 14th Amendment grants citizenship to any person born inside the United States, but Trump's executive order aims to limit birthright citizenship by disallowing children born in the US to parents who are illegal immigrants from becoming citizens.
The president's legal team added stipulations to the executive order that would require at least one parent to be a US citizen or permanent resident. The order also extends to babies of mothers who were in the country legally, but temporarily, such as tourists, university students or temporary workers in the US on visas.
Coughenour made the temporary injunction to Trump's order after four Democratic-led states issued temporary restraining orders to block the measure from being enacted. The four attorneys general from those states argued that Trump's policy would unlawfully strip at least 150,000 newborn children each year of citizenship entitled to them by the 14th Amendment.
Coughenour admonished Department of Justice attorney Brett Shumate during Thursday's arguments.
"In your opinion, is this executive order constitutional?" he asked Shumate.
"Yes, we think it is," Shumate answered, drawing the judge's ire.
"I have difficulty understanding how a member of the bar can state unequivocally that this is a constitutional order. It boggles my mind," Coughenour said. "Where were the lawyers when this decision was being made?"
Trump stumped for ending birthright citizenship on the campaign trail during the 2024 presidential election. Thursday's temporary injunction of his executive order is the beginning of an expected lengthy legal battle testing whether the president has the legal clout to reinterpret and change the Constitution's 14th Amendment.
Democratic attorneys general from a total of 22 states have filed at least six different lawsuits suing Trump over the executive order which they deem unconstitutional.
The lawsuit argues that Trump's executive order would cause irreparable harm to the children born from undocumented parents by preventing them from enjoying their right to "full participation and opportunity in American society."
