Judge Approves AZ’s Move to Halt Trump’s Birthright Citizenship Order Temporarily

A federal judge in Seattle temporarily blocked President Donald Trump’s executive order aimed at ending birthright citizenship. U.S. District Court Judge John Coughenour ruled against the order, declaring it “blatantly unconstitutional.” This landmark decision is the first in a protracted legal battle over the constitutionality of the order.

Judge Coughenour expressed skepticism regarding the legitimacy of the executive order, stating, “It boggles my mind” how a legal professional could support it. His comments followed 25 minutes of arguments presented by attorneys for Washington state and the Department of Justice.

The lawsuit, spearheaded by Arizona Attorney General Kris Mayes alongside her counterparts from Washington, Oregon, and Illinois, questioned the legality of the order. On filing the suit, the states sought an emergency restraining order to inhibit the executive action from being implemented. The urgency arose from concerns over potential immediate harm to citizen services funded by federal dollars.

In a related effort, eighteen additional states have also filed lawsuits in federal court in Massachusetts but have not yet sought any immediate injunctions. Trump’s executive order intends to revoke birthright citizenship for children born to parents who are neither U.S. citizens nor lawful permanent residents.

Brett Shumate, representing the Department of Justice, contended that the request for an emergency pause was unnecessary since the order was set to take effect on February 19. He labeled the states’ motion as “extraordinary.”

However, proponents of the restraining order argued it is not only warranted but critical to protect citizens’ rights. Lane Polozola from the Washington attorney general’s office highlighted the order’s potential to cause “widespread and severe harm” to citizens’ rights.

Since its codification by the 14th Amendment in 1868, birthright citizenship has been a foundational legal principle in the United States. The amendment 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.” The executive order challenges the interpretation of “subject to the jurisdiction thereof,” arguing that it has historically excluded certain individuals from birthright citizenship.

Critics, including Polozola, have called this interpretation “absurd,” asserting that birthright citizenship is a right that should remain protected. Legal precedent has consistently upheld this right, exemplified by the U.S. Supreme Court’s ruling in 1898, which confirmed that Wong Kim Ark, born in San Francisco to Chinese parents, was indeed a U.S. citizen.

Attorney General Mayes celebrated the ruling as a victory for the Constitution, asserting that the decision underscores the limits of presidential authority. “No president can change the constitution on a whim,” she stated, indicating further legal challenges against executive overreach are anticipated.

Judge Coughenour, nominated by President Ronald Reagan in 1981, has a long-standing judicial career. With no video or audio recording allowed during the hearing, the case is set to be reviewed by the 9th U.S. Circuit Court of Appeals, where a majority of judges have been appointed by Democratic presidents. The matter may eventually be escalated to the U.S. Supreme Court, continuing the ongoing legal discourse surrounding birthright citizenship.