A federal judge in Seattle has temporarily halted President Donald Trump’s order denying U.S. citizenship to babies born to non-citizen parents, calling it “blatantly unconstitutional.” The order, challenged by multiple lawsuits, would impact over 150,000 newborns annually, stripping them of citizenship rights guaranteed under the 14th Amendment.
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Seattle: A federal judge stopped an order from President Donald Trump’s administration that would take away the automatic right to U.S. citizenship for certain babies.
The judge called it “blatantly unconstitutional.”
U.S. District Judge John Coughenour, acting on a request from four Democratic-led states, issued a temporary block on the order. This order, signed by Trump on his first day in office, aimed to deny automatic citizenship to children born in the U.S. if neither parent is a U.S. citizen or a legal permanent resident.
“This is blatantly unconstitutional order,”
-the judge told a lawyer from the U.S. Justice Department defending the executive action.
This controversial order has already led to five lawsuits. Civil rights groups and Democratic attorneys general from 22 states argue that it goes against the U.S. Constitution.
“Under this order, babies being born today don’t count as U.S. citizens,”
-said Washington Assistant Attorney General Lane Polozola during a court hearing in Seattle.
Polozola, representing Democratic attorneys general from Washington, Arizona, Illinois, and Oregon, urged the judge to stop the administration from enforcing this part of Trump’s immigration plan.
The challengers claim the order violates the 14th Amendment of the U.S. Constitution. This amendment guarantees citizenship to anyone born in the United States.
Trump’s executive order directs federal agencies to deny citizenship to babies born in the U.S. if their parents are not U.S. citizens or lawful permanent residents.
In a document submitted late Wednesday, the U.S. Justice Department defended the order, describing it as an “integral part” of Trump’s plans to address problems in the immigration system and manage the crisis at the southern border.
The Seattle lawsuit is moving faster than other cases against this order. It is being overseen by Judge Coughenour, who was appointed by former President Ronald Reagan.
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The judge may decide the case immediately after hearing arguments or take some time to write a decision before the order is implemented.
If allowed, the order would affect children born after February 19. These children, whose parents are neither citizens nor lawful permanent residents, would face deportation and lose access to Social Security numbers, government benefits, and lawful employment opportunities.
Democratic-led states estimate that over 150,000 newborns would lose their citizenship rights every year if the order is enforced.
Attorneys general argue that the citizenship clause of the Constitution was firmly established 127 years ago.
In a landmark case, the U.S. Supreme Court ruled that children born in the U.S. to non-citizen parents are entitled to citizenship.
The 14th Amendment, adopted in 1868 after the Civil War, overturned the infamous 1857 Dred Scott decision, which had stated that Black people were not protected under the Constitution.
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However, the Justice Department claims the 14th Amendment does not guarantee citizenship to everyone born in the U.S. They argue that the Supreme Court’s 1898 decision in United States v. Wong Kim Ark applied only to children of legal permanent residents.
The Justice Department also argues that the case brought by the four states has legal flaws. According to them, only individuals—not states—can bring claims under the citizenship clause. They also say the states do not have the necessary legal standing to challenge the order.
In a related development, 36 Republican lawmakers introduced a bill in the U.S. House of Representatives to limit automatic citizenship to children born to citizens or lawful permanent residents.
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