A federal judge has issued a ruling that blocks former President Donald Trump’s executive order aimed at denying U.S. citizenship to children born in the country to unauthorized immigrants. This decision presents a significant challenge to Trump’s immigration agenda, which is a key focus of his second presidential term.
According to U.S. District Judge John Coughenour in Washington, the residents impacted by this policy are “irreparably harmed by depriving them of their constitutional right to citizenship” and face potential risks including deportation and family separation. The judge highlighted the detrimental effects on access to federal medical funding, education, employment, and health for these families.
The ruling is intended to remain in effect while awaiting a final judicial decision. Coughenour characterized the policy as “blatantly unconstitutional” during a hearing on Thursday.
This ruling is reminiscent of Trump’s initial actions during his first presidency, when he swiftly signed an executive order that reduced the number of refugees admitted to the U.S. and temporarily barred entry from several predominantly Muslim countries. That order faced immediate legal challenges, although a revised version was ultimately upheld.
The current order attempted to enforce strict immigration measures, including extending the citizenship denial to children born in the U.S. to mothers on temporary visas, such as work, student, or tourist visas.
The legal challenge originated from a lawsuit filed by four Democratic state attorneys general shortly after Trump signed the order, just hours after his inauguration. Coughenour’s decision is considered the first setback for the administration in just days since returning to office, with immigration-focused executive orders likely leading to protracted legal disputes.
Additionally, other Democratic state attorneys general and civil rights organizations have filed lawsuits contesting the birthright citizenship ban, all citing violations of the Fourteenth Amendment, which guarantees citizenship rights to those born or naturalized in the U.S.
The office of the Washington attorney general stated that if the order remains in effect, it would strip thousands of newborns and children in Washington of their rights to fully participate as citizens, despite constitutional protections. States like Oregon, Arizona, and Illinois have joined the lawsuit.
Trump’s order maintained that the Fourteenth Amendment does not universally grant citizenship to every person born in the U.S. The Department of Justice announced its intention to vigorously defend the executive order, arguing that it accurately interprets the Fourteenth Amendment. The White House remarked that the lawsuits are part of opposition efforts, indicating the administration’s readiness to counter these challenges in court. The DOJ highlighted that this order is a critical component of Trump’s efforts to address issues within the immigration system and the ongoing challenges at the southern border.
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