Federal Judge Blocks Trump’s Birthright Citizenship Order, Calling It Unconstitutional

A federal judge in Seattle has temporarily halted former President Donald Trump’s executive order aimed at ending birthright citizenship in the United States, describing the move as “blatantly unconstitutional.”

US District Court Judge John Coughenour issued a restraining order on Thursday after a brief 25-minute hearing, putting the controversial policy on hold for 14 days while legal challenges proceed. The order, which sought to deny citizenship to children born in the US to undocumented or temporary visa-holding parents, was set to apply to children born on or after February 19, according to court filings.

Under the 14th Amendment of the Constitution, nearly everyone born on US soil is automatically granted citizenship—a long-standing interpretation that Trump sought to upend. Four states—Washington, Arizona, Illinois, and Oregon—filed a lawsuit seeking to block the order, arguing that the president lacks the authority to amend the Constitution.

During the hearing, Judge Coughenour expressed disbelief at the administration’s justification for the order. “It boggles my mind,” he said, questioning the legal team’s preparation and understanding of constitutional law.

The states challenging the executive order argue that implementing it would result in “immediate and irreparable harm.” The lawsuit stated: “The individuals who are stripped of their United States citizenship will be rendered undocumented, subject to removal or detention, and many will be stateless.”

The Department of Justice (DoJ) defended the order, arguing that the clause “and subject to the jurisdiction thereof” in the 14th Amendment excludes children of non-citizens in the US unlawfully. They claimed the order was a necessary step to address the country’s “broken immigration system” and border challenges. However, the judge found the states’ arguments more compelling, stating that the extraordinary measure of a restraining order was warranted.

Washington State Attorney General Nicholas Brown applauded the ruling. “This decision reinforces the Constitution’s promise and protects vulnerable members of our communities,” he said during a press conference.

Legal experts say the case will likely make its way to the US Supreme Court, as Trump’s administration has signaled plans to appeal. Constitutional scholars have noted that overturning birthright citizenship without a direct constitutional amendment—which requires significant congressional and state approval—is highly improbable.

The 14th Amendment, ratified in 1868, was enacted to grant citizenship to formerly enslaved individuals and their descendants, solidifying the principle of birthright citizenship. Critics of Trump’s order argue that any effort to undo this foundational protection risks undermining decades of settled legal precedent.

In addition to the lawsuit brought by the four states, 18 other states, the District of Columbia, and San Francisco have joined separate legal challenges. The American Civil Liberties Union (ACLU) is also mounting its own case against the order.

For now, the judge’s decision ensures that the policy remains on hold, with its fate resting in the hands of the courts.