‘Blatantly Unconstitutional’ US Judge Blocks Trump’s Birthright Citizenship Order

In a significant legal development, a federal judge has temporarily halted President Donald Trump’s executive order aimed at ending birthright citizenship in the United States. The order, signed by Trump on January 20, 2025, sought to deny automatic citizenship to children born on U.S. soil to parents who are neither U.S. citizens nor lawful permanent residents. However, this move has been met with swift judicial intervention.

On January 23, 2025, U.S. District Judge John C. Coughenour, appointed by former President Ronald Reagan, issued a temporary restraining order preventing the enforcement of Trump’s directive. Judge Coughenour described the executive order as “blatantly unconstitutional,” referencing the 14th Amendment, which guarantees citizenship to all individuals born in the United States.

The legal challenge was spearheaded by Democratic attorneys general from Washington, Arizona, Illinois, and Oregon. They argued that the executive order violated the Citizenship Clause of the 14th Amendment, which has long been interpreted to grant citizenship to anyone born on U.S. soil, regardless of their parents’ immigration status.

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In response to the ruling, President Trump expressed his intention to appeal, stating, “Obviously we’ll appeal.” The temporary restraining order is set to remain in effect for 14 days, during which further legal arguments will be heard. A hearing is scheduled for February 6 to determine whether a longer-lasting preliminary injunction will be issued.

If implemented, Trump’s order would have significant implications. Children born in the U.S. after February 19, 2025, to parents who are neither citizens nor lawful permanent residents would be denied citizenship. This denial would restrict their access to Social Security numbers, government benefits, and legal employment opportunities in the future.

Legal experts widely view the executive order as unconstitutional. The 14th Amendment’s Citizenship Clause has been a cornerstone of American constitutional law since its adoption in 1868, ensuring that all individuals born in the U.S. are granted citizenship. This principle was upheld in the 1898 Supreme Court case United States v. Wong Kim Ark, which affirmed that children born in the U.S. to foreign parents are citizens by birthright.

The executive order has also faced multiple legal challenges. Since its signing, at least six lawsuits have been filed, primarily by civil rights groups and Democratic attorneys general from 22 states. These lawsuits argue that the order violates the Constitution and undermines long-standing legal precedents.

The outcome of these legal battles will have profound implications for immigration policy and the interpretation of constitutional rights in the United States. As the situation evolves, it remains a focal point of national attention and debate.