A federal district court judge has temporarily blocked President Donald Trump’s executive order to limit birthright citizenship. The suspension could signal the beginning of a lengthy legal battle over the new administration’s policies.
Senior U.S. District Judge John C. Coughenour, appointed by Ronald Reagan, heard only 25 minutes of arguments before issuing a temporary order. He blocked the policy from taking effect for 14 days. A further briefing will address a preliminary injunction to permanently stop the executive order while the case continues.
Coughenour stated in his ruling, “I’ve been on the bench for over four decades. I can’t remember another case where the question presented is as clear as this one. This is a blatantly unconstitutional order.”
Temporary Reprieve
Four states—Washington, Arizona, Illinois, and Oregon—sought to block the order before it was set to start in late February. This lawsuit is one of five filed by Democratic attorneys general and immigrant rights organizations. They argue that the executive order, which aims to limit automatic citizenship to children of U.S. citizens and green card holders, is unconstitutional.
The 14th Amendment of the Constitution grants automatic citizenship to anyone born on U.S. soil, except for the children of foreign diplomats. The amendment responded to the Supreme Court’s 1857 Dred Scott decision. It states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
In court filings, lawyers for the four states wrote, “President Trump and the federal government now seek to impose a modern version of Dred Scott. But nothing in the Constitution grants the President, federal agencies, or anyone else authority to impose conditions on granting citizenship to individuals born in the United States.”
Lengthy Legal Battle Ahead
If Trump’s order is implemented, the states argue they would lose federal funding for vital programs like Medicaid and the Children’s Health Insurance Program (CHIP). They stated, “Absent a temporary restraining order, children born in the Plaintiff States will soon be rendered undocumented, subject to removal or detention, and many stateless.”
The Justice Department argued that the birthright citizenship order is essential to Trump’s plan to “address this nation’s broken immigration system and the ongoing crisis at the southern border.” They believe the President has the authority to issue the order and claim the states lack standing to sue based on economic reasons.
Brad Rosenberg of the Justice Department stated that “a third party, including a state, has no legally cognizable interest in recognising citizenship by the federal government.” He also argued that courts have misinterpreted the 14th Amendment for over 100 years.
This case will likely be appealed to the U.S. Supreme Court. A Justice Department spokesperson said the department “will vigorously defend President Trump’s EO” and looks forward to presenting its case.
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