A federal judge in Seattle has temporarily blocked an executive order from President Donald Trump’s administration aimed at limiting automatic birthright citizenship, describing the measure as “blatantly unconstitutional.” The order, signed by Trump on his first day in office, sought to prevent the recognition of U.S. citizenship for children born in the U.S. if neither parent is a U.S. citizen or legal permanent resident.
U.S. District Judge John Coughenour issued the temporary restraining order at the request of four Democratic-led states, halting the enforcement of the executive order. The move has already sparked five lawsuits, with civil rights organizations and attorneys general from 22 states arguing that it violates the U.S. Constitution.
“Under this order, babies born today will not be considered U.S. citizens,” said Washington Assistant Attorney General Lane Polozola during the hearing. Polozola, representing Democratic attorneys general from Washington, Arizona, Illinois, and Oregon, urged the judge to prevent the administration from implementing the order, which he viewed as a key component of Trump’s broader immigration crackdown.
The challengers contend that the executive order infringes upon the 14th Amendment’s citizenship clause, which guarantees that anyone born in the United States is a citizen. Trump’s directive aimed to deny citizenship to children born in the U.S. to parents who are neither citizens nor legal residents.
In its defense, the U.S. Justice Department called the order an essential part of addressing what it described as a “broken immigration system” and the ongoing situation at the southern border. The case in Seattle, which is progressing faster than the other lawsuits, is being overseen by Judge Coughenour, a Reagan appointee.
If upheld, Trump’s order would result in the deportation of children born in the U.S. after February 19 whose parents are not citizens or legal residents. These children would also be denied Social Security numbers, government benefits, and the right to work lawfully as they grow older. The Democratic-led states estimate that more than 150,000 newborns would be denied citizenship annually under the order.
Attorneys general from these states argue that the 14th Amendment’s interpretation was solidified 127 years ago by the U.S. Supreme Court, which ruled that children born in the U.S. to non-citizen parents are entitled to citizenship. The Justice Department, however, maintains that the amendment has never been interpreted to grant universal citizenship and that the 1898 Supreme Court ruling in United States v. Wong Kim Ark only applied to children of permanent residents.
The Justice Department further argued that the states lacked the standing to challenge the order under the citizenship clause, and that only individuals—not states—could bring claims on this issue.
Meanwhile, 36 Republican members of the U.S. House of Representatives introduced separate legislation aiming to restrict birthright citizenship, limiting it to children born to U.S. citizens or lawful permanent residents.
