A U.S. federal judge blocked Trump's executive order abolishing birthright citizenship, ruling it unconstitutional.

On January 23, U.S. federal judge John Coughenour blocked Donald Trump's executive order ending birthright citizenship.

The U.S. Department of Justice subsequently said it would "vigorously defend" Trump's executive order.

On his first day back in the White House, Trump signed multiple executive orders, the first of which was to deny birthright citizenship to children of undocumented individuals or those temporarily in the U.S. The order directed federal agencies to implement it 30 days after signing, i.e., from February 19.

The executive order was challenged by 22 states and civil rights groups, with one lawsuit filed jointly by Arizona, Oregon, Illinois, and Washington.

Federal judge calls the order "blatantly unconstitutional"

During a brief 25-minute hearing in Seattle, as Department of Justice attorney Brett Shumate began to argue for the order's validity, Judge Coughenour interjected: "Is this order constitutional?"

As Shumate began to answer, the judge interrupted again, saying: "This is a blatantly unconstitutional order."

"We look back at history and ask, 'Where were the judges, where were the lawyers?'" the judge continued. "Frankly, I have difficulty understanding how a member of the bar can state with confidence that this is a constitutional order."

Judge John Coughenour then issued a written ruling, calling the order "blatantly unconstitutional" and issuing a 14-day temporary restraining order, during which the court would consider whether to issue a longer preliminary injunction.

In his ruling, he wrote that the states supporting the lawsuit would face irreparable harm from Trump's executive order. The judge wrote: "These harms are immediate, ongoing, and substantial."

Fourteenth Amendment

Trump said he would appeal the ruling.

The U.S. Department of Justice said it would "vigorously defend" Trump's executive order, adding: "We look forward to presenting a full and substantive argument to the court and to the American people, who are eager to see the law enforced."

They argued that the executive order "correctly interprets" the Fourteenth Amendment to the U.S. Constitution. Under the Fourteenth Amendment, which has been in effect since 1868, anyone born or naturalized in the United States and subject to its jurisdiction automatically becomes a U.S. citizen.

This explicitly defined citizenship amendment dates back to the days after the U.S. Civil War, addressing the nationality of former slaves born in the U.S. after slavery was abolished.

The four states filing the joint lawsuit said the president has no authority to amend the Constitution, and if the order were implemented, residents of those states would "immediately suffer irreparable harm."

They further stated that those deprived of U.S. citizenship would face the risk of deportation, become stateless, and be unable to obtain Social Security numbers, government benefits, or the right to work legally.

Washington state attorney Lane Polozola said in court that Trump's order would take the country back to "one of our darkest chapters."

Trump's attempt to reinterpret the U.S. Constitution through executive order has sparked nationwide legal challenges, with at least five lawsuits filed by 22 states and several immigrant rights groups. They predict that by 2022, there would be 255,000 children born to undocumented mothers in the U.S.

Source: BBC