‘Blatantly unconstitutional’, judge blocks Trump’s executive order to end US birthright citizenship

A federal judge in Seattle has temporarily blocked former US President Donald Trump’s attempt to end birthright citizenship in the country, calling the executive order “blatantly unconstitutional.”

The ruling was issued by US District Court Judge John Coughenour, who placed a 14-day restraining order on the policy after a brief hearing.

Birthright citizenship, grounded in the 14th Amendment to the Constitution, ensures that nearly anyone born on US soil is automatically granted citizenship.

Trump’s executive order sought to exclude children born to undocumented immigrants or individuals on temporary visas. The policy, slated to take effect for children born on or after February 19, was challenged by the states of Washington, Arizona, Illinois, and Oregon.

Judge Coughenour criticized the Trump administration’s legal justification, questioning the constitutionality of the order and expressing disbelief at its rationale. He also halted federal agencies from enforcing the policy, which reportedly involved withholding essential documents like passports.

The states’ lawsuit argues that the executive order directly contradicts the 14th Amendment, which states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” They contend that the president lacks the authority to unilaterally amend the Constitution and warned of severe consequences for those stripped of citizenship, including statelessness, deportation, and detention.

The Department of Justice (DoJ), defending the order, argued it was part of Trump’s broader immigration reform goals. They claimed the clause “subject to the jurisdiction thereof” excludes children of non-citizens unlawfully in the US.

However, the judge dismissed the argument, noting that changes to constitutional rights require a rigorous legislative process.

The challenge to Trump’s executive order has also garnered support from 18 Democratic-led states, the District of Columbia, and the city of San Francisco, as well as the American Civil Liberties Union (ACLU). Experts anticipate the case could ultimately reach the US Supreme Court.

The 14th Amendment, ratified in 1868, was designed to grant citizenship to freed slaves, with limited exceptions like children of foreign diplomats. Historically, it has been interpreted to apply broadly to individuals born on US soil.

Washington Attorney General Nicholas Brown praised the ruling, emphasizing the potential harm the executive order could have caused. The legal battle continues as the Trump administration signals its intent to appeal the decision.

Source: Reuters

Related Articles

Back to top button