A federal judge temporarily blocked President Trump’s order seeking to end birthright citizenship for the children of many migrants, a major hit to one of the president’s Day 1 orders.
Trump’s order directly contradicts the Constitution, which guarantees citizenship for all people born within the U.S. under the 14th Amendment.
The order ignited suits from 22 different states as well as civil rights groups who argued the order ran afoul of the law by denoting citizenship based on the immigration status of their parents.
U.S. District Court Judge John Coughenour, a Reagan appointee, agreed to a request from Washington and three other states, blocking the order from taking effect for 14 days.
“This is a blatantly unconstitutional order,” Coughenour told Justice Department attorney Brett Shumate. Coughenour, a Reagan appointee, said he’s been on the bench for more than four decades, and he couldn’t remember seeing another case where the action challenged was so clearly unconstitutional.
The order is a quick victory for Washington and other states led by Democratic attorneys general, though the legal battle will continue even as the order itself is barred from taking effect.
“The President has no authority to amend the Constitution or supersede the Citizenship Clause’s grant of citizenship to individuals born in the United States. Nor is he empowered by any other constitutional provision or law to determine who shall or shall not be granted United States citizenship at birth,” the states wrote in their suit.
“The Fourteenth Amendment and federal law automatically confer citizenship upon individuals born in the United States and subject to its jurisdiction.”
The broad order didn’t just apply to the children of those who may not be lawfully present in the country, as it applies to anyone in the U.S. on a nonimmigrant visa, something that would impact the children of those living in the U.S. on an employment visa.
Critics of the order also feared it would create a subclass of U.S. residents without a clear immigration status while denying them other rights to which they would otherwise be entitled.
“Birthright citizenship has been a critical driver of our country’s economic success, enabling millions to contribute as workers, business owners, and taxpayers. Stripping this constitutional right would create a permanent underclass and destabilize our workforce,” the Congressional Hispanic Caucus said earlier this week.
Even before taking office, incoming administration officials seemed to acknowledge underlying issues with such a move, saying they would do so on a “prospective basis.”
“On a prospective basis, the federal government will not recognize automatic birthright citizenship for children of illegal aliens born in the United States,” an official said in previewing the coming order.
Updated at 2:39 p.m. EST
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