Judge blocks Trump’s order curtailing birthright citizenship
SEATTLE >> A federal judge in Seattle today blocked President Donald Trump’s administration from implementing an executive order curtailing the right to automatic birthright citizenship in the United States, calling it “blatantly unconstitutional.”
U.S. District Judge John Coughenour at the urging of four Democratic-led states issued a temporary restraining order preventing the administration from enforcing the order, which the Republican president signed on Monday during his first day in office.
Trump in his executive order directed U.S. agencies to refuse to recognize the citizenship of children born in the United States if neither their mother nor father is a U.S. citizen or legal permanent resident.
“I am having trouble understanding how a member of the bar could state unequivocally that this order is constitutional,” the judge told a U.S. Justice Department lawyer defending Trump’s order. “It just boggles my mind.”
The states – Washington, Arizona, Illinois and Oregon – argued that Trump’s order violated the right enshrined in the citizenship clause of the U.S. Constitution’s 14th Amendment that provides that anyone born in the United States is a citizen.
“This is a blatantly unconstitutional order,” the judge said.
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Before Justice Department attorney Brett Shumate had even finished talking, Coughenour said he had signed a temporary restraining order sought by Democratic state attorneys general from the states.
“Under this order, babies being born today don’t count as U.S. citizens,” Washington Assistant Attorney General Lane Polozola argued in a packed courtroom.
Coughenour, an appointee of Republican former President Ronald Reagan, issued a temporary restraining order that blocked Trump’s order from being enforcement nationwide for 14 days while he weighs whether to issue a preliminary injunction.
Under Trump’s order, any children born after Feb. 19 whose mothers or fathers are not citizens or lawful permanent residents would be subject to deportation and would be prevented from obtaining Social Security numbers, various government benefits and the ability as they get older to work lawfully.
More than 150,000 newborn children would be denied citizenship annually if Trump’s order is allowed to stand, according to the Democratic-led states.
Several other lawsuits are also pending nationwide by civil rights groups and Democratic attorneys general from 22 states, who call it a flagrant violation of the U.S. Constitution.
Democratic state attorneys general have said that the understanding of the Constitution’s citizenship clause was cemented 127 years ago when the U.S. Supreme Court held that children born in the United States to non-citizen parents are entitled to American citizenship.
The 14th Amendment was adopted in 1868 following the Civil War and overturned the Supreme Court’s notorious 1857 Dred Scott decision that had declared that the Constitution’s protections did not apply to enslaved Black people.
In a brief filed late on Wednesday, the U.S. Justice Department called the order an “integral part” of the president’s efforts “to address this nation’s broken immigration system and the ongoing crisis at the southern border.”
Schumate during Thursday’s hearing argued the order was constitutional and said any order blocking Trump’s action would be “wildly inappropriate.”
Thirty-six of Trump’s Republican allies in the U.S. House of Representatives on Tuesday separately introduced legislation to restrict automatic citizenship to only children born to citizens or lawful permanent residents.