A federal judge temporarily blocked President Donald Trump’s executive order ending the constitutional guarantee of birthright citizenship for babies born in the United States whose parents are not citizens or lawful permanent residents. U.S. District Judge John C. Coughenour ruled Thursday, Jan. 23, calling the executive order “blatantly unconstitutional.”
The case brought by the states of Washington, Arizona, Illinois and Oregon is one of five lawsuits from 22 states and several immigrant rights groups across the country. They argue the 14th Amendment and Supreme Court case law have cemented birthright citizenship.
What does the 14th Amendment say?
The amendment states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
The lawsuits include personal testimonies from attorneys general who are U.S. citizens by birthright and names of pregnant women who are afraid their children won’t become U.S. citizens.
What’s in President Trump’s executive order?
President Trump signed the order on Inauguration Day. It states children of noncitizens are not subject to the jurisdiction of the United States and orders federal agencies to not recognize citizenship for children who don’t have at least one parent who is a citizen.
The executive order is set to take effect on Feb. 19.
What happens next?
The judge’s order blocks the policy from taking effect for 14 days.
Another briefing is set to permanently block the executive order while the case proceeds but the case could be appealed to the U.S. Supreme Court.
According to Justice Department lawyer Brett Shumate, the DOJ plans to file papers to urge the judge to not issue a longer injunction.
