A federal judge in Seattle has signed a temporary restraining order blocking President Donald Trump’s executive order on birthright citizenship, according to ABCNews.
U.S. District Judge John Coughenour on Thursday heard a request made by four Democratic-led states to issue a temporary restraining order against the executive order signed by Trump that purports to limit birthright citizenship — long guaranteed by the 14th Amendment — to people who have at least one parent who is a United States citizen or permanent resident.
“I have been on the bench for over four decades,” said Judge Coughenour, who was nominated to the bench by President Ronald Reagan in 1981.
“I can’t remember another case where the question presented is as clear as it is here. This is a blatantly unconstitutional order.”
“In your opinion, is this executive order constitutional?” he asked DOJ attorney Brett Shumate.
“Yes, we think it is,” Shumate said, drawing the judge’s rebuke.
“I have difficulty understanding how a member of the bar can state unequivocally that this is a constitutional order. It boggles my mind,” Coughenour said. “Where were the lawyers when this decision was being made?”
Shumate implored Coughenour to hold off on blocking the order, saying that it does not take effect until February 19.
“It’s enough to say there is no imminent harm that the states will incur as a result of this order,” Shumate said.
“We urge the court not to grant any temporary order today on the merits. What makes sense is to have a full briefing on the preliminary injunction.”
“Births cannot be paused while the court considers this case,” said Lane Polozola, an attorney representing the state attorneys general, who said Trump’s executive order attempts to change a part of the Constitution that is “off limits” after being settled across a century of legal precedent.
Judge Coughenour appeared convinced, ending the hearing by saying that he signed the temporary restraining order and that he would consider whether to grant a long-term injunction over the coming weeks.
Coughenour’s order temporarily enjoins Trump and any federal employee from enforcing or implementing the executive order.
“The Plaintiff States have also shown that they are likely to suffer irreparable harm in the absence of preliminary relief,” Coughenour wrote, citing the costs of medical care, social services, and administrative work encountered by the four states who sued Trump.
“The balance of equities tips toward the Plaintiff States and the public interest strongly weighs in favor of entering temporary relief,” the order said.
Newly sworn in United States President Donald Trump has on Monday, January 20, 2025, signed an executive order stopping automatic citizenship for all persons born in the United States.
“The privilege of United States citizenship does not automatically extend to persons born in the United States,” said President Donald Trump.
“Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”
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