
A federal judge didn’t hold back when he called President Trump’s executive order to end birthright citizenship “blatantly unconstitutional.” On Thursday, Judge John Coughenour, a Reagan appointee based in Seattle, issued a temporary order to block the policy, siding with Washington Attorney General Nick Brown and three other Democratic-led states.
The judge, who’s been on the bench for over 40 years, said the case was one of the clearest he’s ever seen. “Where were the lawyers?” he asked, baffled that anyone could argue the order was constitutional.
The states challenging the order argue it violates the 14th Amendment, which guarantees citizenship to anyone born on U.S. soil. Washington’s attorney, Lane Polozola, emphasized the urgency, saying, “Babies are being born today with a cloud cast over their citizenship.” He warned that denying these children citizenship would have long-term negative effects, both for the kids and for state programs that rely on federal benefits tied to citizenship.
The Trump administration, however, claims the 14th Amendment’s phrase “subject to the jurisdiction thereof” gives the president the power to exclude children of undocumented immigrants—or even those with temporary legal status. Justice Department attorney Brett Shumate urged the judge to wait for more legal arguments before making a decision, calling the current ruling a “snap judgment.”
Meanwhile, other lawsuits are piling up. Immigrant rights groups, pregnant women, and civil rights organizations have also challenged the order, with hearings scheduled in Maryland and New Hampshire in early February.
For now, the judge’s temporary block means the policy won’t take effect immediately, but the legal battle is far from over.