On Thursday, a federal judge described President Donald Trump’s executive order ending birthright citizenship as “blatantly unconstitutional” and issued a temporary restraining order to block it.
Judge John Coughenour, appointed by Ronald Reagan and based in Seattle, approved a request from Washington Attorney General Nick Brown and three other Democratic-led states for an emergency order to suspend the policy for 14 days while additional legal briefings are conducted.
“I have been on the bench for over four decades. I can’t remember another case whether the question presented was as clear,” Coughenour said.
“Where were the lawyers” when the decision to sign the executive order was made, the judge asked.
He said that it “boggled” his mind that a member of the bar would claim the order was constitutional.
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The Democratic-led states are requesting a temporary restraining order, asserting that Trump’s executive order is a clear violation of the 14th Amendment of the Constitution, which grants citizenship to all children born on U.S. soil and under its jurisdiction.
Lane Polozola, an attorney for Washington state, told the judge that “births cannot be paused” while the court reviews the case.
“Babies are being born today here, and in the plaintiff states and around the country, with a cloud cast over their citizenship,” Polozola said.
Polozola argued that children denied citizenship under Trump’s order would experience “longterm substantial negative impacts.”
He further stated that the Trump administration had overlooked these harms in its filings, suggesting that causing such harm “appears to be the purpose” of the executive order.
In addition to the impact on their residents, Washington and other states argue that ending birthright citizenship would place financial and logistical burdens on state programs, as these children would be denied federal benefits they would normally receive as citizens.
The Trump administration contends that the “subject to the jurisdiction thereof” clause allows the president to exclude children of undocumented immigrants and even those whose parents are legally present but lack permanent legal status.
Justice Department attorney Brett Shumate urged the judge to delay issuing an emergency order blocking the policy until further briefings could be provided.
“i understand your concerns,” Shumate said, but he urged the court against making “a snap judgment on the merits.”
Shumate pointed out that other cases challenging the executive order were progressing at a slower pace and argued that the states were facing “imminent harm” due to the policy.
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