A federal judge in Seattle has accused President Donald Trump of brazenly defying the law by seeking to end birthright citizenship in the United States. U.S. District Judge John Coughenour said during a hearing Thursday that Trump’s executive order is flagrantly unconstitutional, and he extended a temporary hold on the policy.
Legal Battle Over Birthright Citizenship
The executive order is now subject to two nationwide injunctions issued by separate judges on consecutive days. The injunctions keep the policy on ice while legal challenges proceed.
Coughenour, an appointee of President Ronald Reagan, let loose on Trump for his dismissive approach toward legal constraints.
“It has become ever more apparent that to our president, the rule of law is but an impediment to his policy goals. The rule of law is, according to him, something to navigate around or simply ignore, whether that be for political or personal gain,” the judge said. “Nevertheless, in this courtroom and under my watch, the rule of law is a bright beacon which I intend to follow.”
Trump’s executive order, issued on his first day back in office, directs federal agencies to stop issuing citizenship documents and stop recognizing such documents for children born in the U.S. after Feb. 19 who lack a parent who is a U.S. citizen or legal permanent resident.
Constitutional Rights and Challenges
Birthright citizenship is a constitutional right guaranteed by the 14th Amendment, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” The Supreme Court has held that the amendment guarantees citizenship to virtually everyone born on U.S. soil.
Twenty-two states have filed suit over Trump’s executive order, with four — Arizona, Illinois, Oregon and Washington — joining in the case assigned to Coughenour. Another suit brought on behalf of three pregnant immigrant women was also assigned to him.
Coughenour granted a temporary restraining order against the Trump order on Jan. 23, calling the directive “blatantly unconstitutional.”
Legal Standoff and Constitutional Principles
The judge echoed that view as he granted a longer-term preliminary injunction Thursday.
“Birthright citizenship is a fundamental constitutional right. The 14th Amendment secures the blessings of liberty to our posterity by bestowing on all those born in the United States and subject to its jurisdiction, the rights of citizenship,” Coughenour said. “The fact that the government has cloaked what is effectively a constitutional amendment under the guise of an executive order is equally unconstitutional.”
“If the government wants to change the exceptional American grant of birthright citizenship, it needs to amend the Constitution itself. That’s how our Constitution works, and that’s how the rule of law works, because the president’s order attempts to circumscribe this process. It is clearly unconstitutional,” the judge added.
A federal judge in Maryland also issued a preliminary injunction against Trump’s order on Wednesday, finding that it runs contrary to binding Supreme Court precedent and to the U.S. government’s practice for well over a century.
The Justice Department is widely expected to appeal the injunctions. Spokespeople for the White House and for DOJ did not immediately respond to requests for comment Thursday.
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