A federal judge in Seattle has temporarily halted President Donald Trump’s executive order aimed at ending birthright citizenship, calling the policy “blatantly unconstitutional.” Judge John Coughenour, a Reagan appointee, issued a 14-day restraining order in response to a lawsuit filed by Washington Attorney General Nick Brown and three other Democratic-led states.
The lawsuit argues that Trump’s order violates the 14th Amendment, which guarantees citizenship to anyone born on U.S. soil and “subject to the jurisdiction thereof.” Judge Coughenour expressed astonishment at the administration’s legal reasoning, questioning how any lawyer could consider the order constitutional. “I have been on the bench for over four decades. I can’t remember another case where the question presented was as clear,” he said.
Washington’s attorneys emphasized the immediate and long-term consequences of the order, noting that children denied citizenship would face significant hardships, including exclusion from federal benefits. “Births cannot be paused,” argued Lane Polozola, representing Washington state. “Babies are being born today with a cloud cast over their citizenship.”
The Trump administration contends that the phrase “subject to the jurisdiction thereof” allows the president to exclude children of undocumented immigrants and even those with temporary legal status. Justice Department attorney Brett Shumate urged the court to delay its decision, arguing that more time was needed for legal briefings. However, Judge Coughenour rejected this request, citing the urgency of the matter.
The ruling comes as multiple lawsuits challenge the executive order across the country. Immigrant rights groups, pregnant women, and Democratic attorneys general have filed separate cases, arguing that the policy would create logistical and financial burdens for states. In Maryland, a federal judge is set to consider a temporary block on February 5, while a New Hampshire judge will hear a similar request on February 10.
At the White House, Trump vowed to contest the ruling, signaling a prolonged legal battle. The administration has yet to clarify how it plans to enforce the order, with Justice Department attorneys acknowledging that federal agencies are still developing implementation policies.
