Federal judge temporarily blocks Trump's order clarifying U.S. birthright citizenship
President Donald Trump released a flurry of executive orders as soon as he entered office, and his political opponents were just as quick to file legal challenges against many of them.
One of those orders ended so-called birthright citizenship for the children of illegal immigrants born in the U.S., but on Thursday, a federal judge in Washington State imposed a temporary block on that executive action, the Daily Caller reported.
The judge, a Reagan appointee on the bench for more than four decades, called Trump's order "blatantly unconstitutional" and chided the attorneys who argued in support of it.
Trump's Birthright Citizenship Order
Section 1, Clause 1 of the 14th Amendment of the U.S. Constitution states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
For many decades, many policymakers and politicians have assumed that included the children born of illegal immigrant parents or foreigners visiting temporarily, but President Trump sought to end that on his first day in office with an executive order titled "Protecting the Meaning and Value of American Citizenship."
"But the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States," Trump said. "The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not 'subject to the jurisdiction thereof.'"
As such, Trump declared that "it is the policy of the United States" to no longer recognize U.S. citizenship claims for children born of two illegal immigrant parents or of foreign parents who were "lawful but temporary" residents at the time of birth. In other words, citizenship only applies if at least one parent is a U.S. citizen or "lawful permanent resident" when the child is born on U.S. soil.
Judge calls order "blatantly unconstitutional"
The Daily Caller reported that several lawsuits were filed against President Trump's birthright citizenship order, including one filed jointly by the Democrat-led states of Washington, Oregon, Illinois, and Arizona, which succeeded on Thursday in temporarily blocking Trump's order from taking effect.
According to the Washington State Standard, U.S. District Court Judge John Coughenour proclaimed that he'd never seen such a "blatantly unconstitutional" order in his more than 40 years on the bench.
The judge told the Trump administration attorney who argued in support of the order, "I have difficulty understanding how a member of the bar could state unequivocally that this is a constitutional order," and added, "It boggles my mind."
During a mere 25 minutes of arguments before the judge, the states demanded an immediate emergency pause on the measure and claimed that the order going into effect would cause them to lose out on federal dollars by having fewer citizens to provide services for. The government attorney countered that such a move would be "extraordinary" and unnecessary, given that the order doesn't even take effect until 30 days after the order was signed.
Judge blocks Trump's order
In a four-page order, Judge Coughenour sided with the states and granted their request for a 14-day temporary restraining order while he further considered a motion for a preliminary injunction to permanently block President Trump's executive order.
Presuming the Trump administration appeals the ruling, the case will go to the liberal-majority 9th Circuit Court of Appeals, which will almost certainly rule against the Republican president, after which further appeals will take it to the conservative-leaning U.S. Supreme Court, the Standard noted.
Meanwhile, the outlet also reported that congressional Republicans are working on legislation to specify in federal law that U.S. citizenship only applies to children born on U.S. soil of at least one parent who is a citizen, lawful permanent resident, or an immigrant lawfully serving in the U.S. military.