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Home News Judge Blocks Trump’s Order On Birthright Citizenship: What You Need To Know

Judge Blocks Trump’s Order On Birthright Citizenship: What You Need To Know

by Celia
Birthright Citizenship

President Donald Trump‘s executive order to redefine birthright citizenship has faced its first major legal challenge and did not fare well in court. A Justice Department lawyer faced tough questions from U.S. District Judge John C. Coughenour in a Seattle courtroom on Thursday. Coughenour called the order “blatantly unconstitutional” and issued a temporary restraining order to block its implementation nationwide for the next 14 days.

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Here are some key points to understand about the decision and the ongoing legal challenges:

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What is Birthright Citizenship?

Birthright citizenship is the principle that anyone born in a country is automatically a citizen of that country. In the United States, this principle is enshrined in the 14th Amendment to the Constitution, which 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.” Ratified in 1868, the amendment was intended to ensure citizenship for former slaves after the Civil War.

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Critics’ Arguments

Critics of birthright citizenship argue that it encourages illegal immigration. They claim that people come to or stay in the U.S. illegally because they know their children born in the U.S. will be citizens. These children could later petition for their parents to become legal permanent residents.

Trump’s Executive Order

In an effort to curb illegal immigration, Trump issued the executive order just after being sworn in for his second term. The order immediately faced legal challenges from 22 states and several immigrant rights groups, with at least five lawsuits filed across the country. The first hearing was held in a lawsuit brought by Washington, Arizona, Oregon, and Illinois.

What’s Next for the Legal Challenges?

The temporary restraining order issued by Judge Coughenour will last for 14 days. During this period, both sides will submit further briefings on the legal merits of the executive order. Coughenour has scheduled another hearing for February 6 to consider whether to issue a preliminary injunction, which would block the order long-term while the case continues.

Other cases challenging the order are also underway. The next hearing is set for February 5 in a case brought by CASA, a nonprofit immigrant rights organization, in Greenbelt, Maryland. Additional lawsuits, including one led by New Jersey on behalf of 18 states and another filed in Massachusetts by the Brazilian Worker Center, are still awaiting hearing dates.

Why Did the Judge Block Trump’s Order?

Although Judge Coughenour did not detail his reasoning during the hearing, his strong assertion that the order is “blatantly unconstitutional” suggests he agrees with the states’ arguments. The states contend that the 14th Amendment clearly guarantees birthright citizenship and that the president lacks the authority to determine citizenship at birth.

“I’ve been on the bench for over four decades. I can’t remember another case where the question presented was as clear as this one is,” Coughenour told the Justice Department attorney.

The Department of Justice later stated that it will “vigorously defend” the president’s executive order, emphasizing that it looks forward to presenting its full argument to the court and to the American people.

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