Second Judge Blocks Trump’s Birthright Citizenship Order

Second Judge Blocks Trump’s Birthright Citizenship Order \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ A second federal judge has blocked President Donald Trump’s executive order that seeks to end birthright citizenship for children of undocumented immigrants and temporary visa holders. U.S. District Judge John C. Coughenour in Seattle issued an injunction, calling the order “blatantly unconstitutional”. The ruling follows a similar decision by a Maryland judge, with more legal challenges pending across multiple states.

Trump’s Birthright Citizenship Order: Quick Looks

• Second Judge Blocks Order: A Seattle federal judge halted Trump’s birthright citizenship ban, following a similar ruling in Maryland.
• 14th Amendment at the Center: The constitutional guarantee of citizenship for those born on U.S. soil is a key issue in the legal battle.
• Multiple Lawsuits Pending: 22 states and civil rights groups have filed lawsuits challenging Trump’s executive order.
• Justice Department to Appeal: The administration plans to fight the rulings, potentially bringing the case to the Supreme Court.
• Key Legal Precedent: The 1898 Wong Kim Ark ruling reaffirmed birthright citizenship, except for children of diplomats and enemy forces.
• Majority of Legal Experts Oppose Ban: Courts and scholars reject Trump’s interpretation that children of noncitizens are not under U.S. jurisdiction.
• Upcoming Court Battles: More hearings are scheduled in Massachusetts and New Hampshire, adding pressure to Trump’s legal fight.
• U.S. Among 30 Nations with Birthright Citizenship: The principle of jus soli is widely upheld, including in Canada and Mexico.
• Political Divide: Supporters argue it will deter illegal immigration, while critics call it unconstitutional and discriminatory.
• Potential Supreme Court Showdown: If appealed, the case could lead to a historic ruling on citizenship and immigration rights.

Deep Look: Second Federal Judge Blocks Trump’s Birthright Citizenship Order

President Donald Trump’s efforts to end birthright citizenship faced another legal roadblock on Thursday, as a second federal judge blocked his controversial executive order that would deny automatic U.S. citizenship to children born to undocumented immigrants and temporary visa holders.

U.S. District Judge John C. Coughenour in Seattle issued an injunction preventing the administration from enforcing the order while lawsuits play out in court. His ruling follows a similar injunction by U.S. District Judge Deborah Boardman in Maryland, who halted the order on Wednesday.

Coughenour, a Reagan-appointed judge who has served since 1980, sharply criticized Trump’s attempt to bypass the 14th Amendment, stating:

“The rule of law is, according to him, something to navigate around or something ignored, whether that be for political or personal gain. In this courtroom and under my watch, the rule of law is a bright beacon, which I intend to follow.”

This ruling adds to Trump’s mounting legal challenges, as lawsuits against his birthright citizenship order continue to pile up across multiple federal courts.

Where Do Things Stand on Trump’s Birthright Citizenship Order?

The executive order, signed by Trump earlier this year, seeks to end the automatic granting of U.S. citizenship to children born on American soil if their parents are undocumented immigrants or temporary visitors, such as students or tourists.

For now, the order remains blocked due to the injunctions issued by both Maryland and Washington courts. Trump’s Justice Department is expected to appeal, but until those appeals are resolved, birthright citizenship remains in effect.

Judge Coughenour’s ruling follows his previous temporary restraining order, issued two weeks ago, in which he called Trump’s action “blatantly unconstitutional.” Now, his latest decision puts a long-term hold on the order until the full lawsuit is decided.

Legal Challenges Against the Order

Trump’s executive order has triggered multiple lawsuits, with at least 22 states and several civil rights organizations challenging its legality.

• The Seattle case, which resulted in Thursday’s ruling, was brought by four states—Arizona, Illinois, Oregon, and Washington—along with an immigrant rights group.
• In Maryland, a lawsuit filed by immigrants’ rights groups and pregnant women led to Wednesday’s ruling against the order.
• A Massachusetts court will hear another multi-state challenge on Friday, with New Jersey as the lead plaintiff among 18 states challenging the order.
• The ACLU has filed another lawsuit in New Hampshire, set for Monday, adding to Trump’s legal troubles.

While these cases move forward, the Trump administration faces an uphill legal battle, especially as courts continue to cite constitutional protections against the order.

The Constitutional Debate Over Birthright Citizenship

At the heart of these legal battles is the 14th Amendment, ratified in 1868 after the Civil War. The amendment 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.”

The plaintiffs argue that this amendment clearly grants citizenship to all individuals born on U.S. soil, except for a few specific exceptions.

Historically, the U.S. Supreme Court reaffirmed birthright citizenship in United States v. Wong Kim Ark (1898), ruling that only four groups are excluded from birthright citizenship:

1. Children of foreign diplomats (who owe allegiance to another nation).
2. Children born to enemy forces occupying U.S. territory during wartime.
3. Children born on foreign ships in U.S. waters.
4. Children of sovereign Native American tribes (before the Indian Citizenship Act of 1924).

Trump’s administration argues that children of undocumented immigrants do not fall under U.S. jurisdiction, and thus should not be entitled to automatic citizenship. However, legal experts widely reject this interpretation, citing over a century of legal precedent that supports birthright citizenship.

A Nationwide Policy Debate

The U.S. is among 30 countries worldwide that follow the principle of jus soli or “right of the soil,” granting citizenship to anyone born within national borders. Most of these nations are in North and South America, including Canada and Mexico.

Trump’s attempt to overturn this long-standing principle has polarized the country:

• Supporters argue that ending birthright citizenship would deter illegal immigration and prevent “birth tourism”—where non-citizens travel to the U.S. solely to give birth.
• Opponents call it unconstitutional, warning that it would create stateless children, mass legal uncertainty, and violate American legal traditions.

What’s Next?

• The Justice Department is expected to appeal both rulings to higher courts, possibly reaching the Supreme Court.
• More hearings are scheduled in Massachusetts and New Hampshire, adding further legal scrutiny to Trump’s order.
• If the case reaches the Supreme Court, the ruling could set a historic precedent on immigration and constitutional rights.

For now, Trump’s attempt to end birthright citizenship remains blocked, and the 14th Amendment continues to guarantee U.S. citizenship to those born on American soil. However, with ongoing legal challenges, the fight over birthright citizenship is far from over.

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