Federal Judge Blocks Trump’s Birthright Citizenship Order as “Unconstitutional”

A federal judge has temporarily blocked former President Donald Trump’s executive order seeking to redefine birthright citizenship, deeming it “blatantly unconstitutional.” U.S. District Judge John Coughenour, during the hearing, expressed disbelief at the order’s constitutionality, stating it “boggles the mind.” The restraining order, filed by Arizona, Illinois, Oregon, and Washington, is part of a broader legal challenge involving 22 states and immigrant rights groups.

Trump’s executive order, slated to take effect on February 19, asserts that children born to non-citizens are not subject to U.S. jurisdiction and, therefore, are ineligible for citizenship unless one parent is a U.S. citizen. Critics argue this violates the 14th Amendment, which guarantees citizenship to anyone born or naturalized in the United States. This principle of jus soli, or “right of the soil,” has been upheld for over a century.

The judge heavily questioned the administration's attorneys, calling their arguments for constitutionality unconvincing. Washington Assistant Attorney General Lane Polozola labeled the government’s interpretation as “absurd,” emphasizing the immediate economic and societal impact. States argued that the order would require costly system overhauls and affect hundreds of thousands of children.

A significant example cited in opposition was the 1898 Supreme Court ruling in the Wong Kim Ark case, which stated citizenship for a child born to Chinese immigrants in San Francisco. However, advocates of stricter immigration policies argue that this example applies only to children of legal immigrants.

The lawsuit includes emotional testimonies from attorneys general and immigrants who would be directly impacted. Connecticut Attorney General William Tong, a birthright citizen, called the order a direct attack on families like his own. One petitioner, a pregnant woman who has lived in the U.S. for 15 years, expressed fears that her child’s future would be risked.

Birthright citizenship is a keystone of American identity and is recognized in about 30 countries, including Canada and Mexico. Advocates warn that altering this fundamental right could have long-term consequences for families and the nation.

For now, the temporary restraining order halts the implementation of the executive order, offering hope to those challenging its constitutionality.