Audio By Carbonatix
A federal judge in Seattle on Thursday blocked President Donald Trump's administration from implementing an executive order curtailing the right to automatic birthright citizenship in the United States, calling it "blatantly unconstitutional."
U.S. District Judge John Coughenour at the urging of four Democratic-led states issued a temporary restraining order preventing the administration from enforcing the order, which the Republican president signed on Monday during his first day on office.
"This is blatantly unconstitutional order," the judge told a lawyer with the U.S. Justice Department defending Trump's order.
The order has already become the subject of five lawsuits by civil rights groups and Democratic attorneys general from 22 states, who call it a flagrant violation of the U.S. Constitution.
"Under this order, babies being born today don't count as U.S. citizens," Washington Assistant Attorney General Lane Polozola told Senior U.S. District Judge John Coughenour at the start of a hearing in Seattle.
Polozola - on behalf of Democratic state attorneys general from Washington state, Arizona, Illinois and Oregon - urged the judge to issue a temporary restraining order to prevent the administration from carrying out this key element of Trump's immigration crackdown.
The challengers argue that Trump's action violates the right enshrined in the citizenship clause of the Constitution's 14th Amendment that provides that anyone born in the United States is a citizen.
Trump in his executive order directed U.S. agencies to refuse to recognize the citizenship of children born in the United States if neither their mother nor father is a U.S. citizen or legal permanent resident.
In a brief filed late on Wednesday, the U.S. Justice Department called the order an "integral part" of the president's efforts "to address this nation's broken immigration system and the ongoing crisis at the southern border."
The lawsuit filed in Seattle has been progressing more quickly than the four other cases brought over the executive order. It has been assigned to Coughenour, an appointee of Republican former President Ronald Reagan.
The judge potentially could rule from the bench after hearing arguments, or he could wait to write a decision ahead of Trump's order taking effect.
Under the order, any children born after Feb. 19 whose mothers or fathers are not citizens or lawful permanent residents would be subject to deportation and would be prevented from obtaining Social Security numbers, various government benefits and the ability as they get older to work lawfully.
More than 150,000 newborn children would be denied citizenship annually if Trump's order is allowed to stand, according to the Democratic-led states.
Democratic state attorneys general have said that the understanding of the Constitution's citizenship clause was cemented 127 years ago when the U.S. Supreme Court held that children born in the United States to non-citizen parents are entitled to American citizenship.
The 14th Amendment was adopted in 1868 following the Civil War and overturned the Supreme Court's notorious 1857 Dred Scott decision that had declared that the Constitution's protections did not apply to enslaved Black people.
But the Justice Department in its brief argued that the 14th Amendment had never been interpreted to extend citizenship universally to everyone born in the country, and that the Supreme Court's 1898 ruling in United States v. Wong Kim Ark concerned only children of permanent residents.
The Justice Department said the case by the four states also "flunks multiple threshold hurdles." The department said that only individuals, not states, can pursue claims under the citizenship clause, and that the states lack the necessary legal standing to sue over Trump's order.
Thirty-six of Trump's Republican allies in the U.S. House of Representatives on Tuesday separately introduced legislation to restrict automatic citizenship to only children born to citizens or lawful permanent residents.
Latest Stories
-
Police hunt gunmen after fatal robbery attack on Mobile Money vendor
13 minutes -
Speaker Alban Bagbin donates 16,584 uniforms, commissions two classrooms at Nadowli-Kaleo
34 minutes -
Sweety Aborchie Writes: The Half-Built Staircase, Women, Power, Politics (Issue 4)
54 minutes -
See the areas that will be affected by ECG’s planned maintenance on Tuesday, June 9
57 minutes -
KMA orders immediate evacuation ahead of Santasi-Asokwa Interchange construction
1 hour -
I’ll be the first Ashanti Regional Chairman to become NPP National Chairman – Wontumi
1 hour -
I’m willing to sacrifice everything for NPP’s 2028 victory – Wontumi
1 hour -
I had to tell my children we’re renovating the house – Father reveals after court-ordered eviction displaces his family
1 hour -
GES releases Academic Intervention Fund for schools
2 hours -
Canada issues strict food import rules ahead of FIFA World Cup 2026
2 hours -
No one can campaign more than me – Wontumi declares readiness to unite and lead NPP
2 hours -
Permit audit step in right direction but not enough – Structural engineer
2 hours -
‘We want power, not English lessons’ – Chairman Wontumi
2 hours -
Kotoko appoint former Dutch goalkeeper Stanley Menzo as Technical Director
2 hours -
Wontumi says challenges have prepared him to lead NPP to victory
2 hours