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A federal judge blocked Donald Trump’s executive order denying U.S. citizenship to domestically born children of illegal immigrants, dealing a major blow to the immigration crackdown that is a top priority of his second presidency.
Residents of the states that filed the Washington-led lawsuit suffered “irreparable harm by depriving them of their constitutional right to citizenship” and “subjecting them to the risk of deportation and family separation; depriving them of access to federal funding for medical care. . . and impacting their education, employment, and health,” John Coughenour, U.S. District Judge for Washington state, wrote in the restraining order issued Thursday.
The decision is temporary but will remain in effect pending a final decision from the courts.
“These damages are immediate, continuous and significant, and cannot be repaired in the normal course of litigation,” added the judge.
Speaking from the bench at a hearing Thursday, Coughenour called the policy “patently unconstitutional,” according to media reports.
Trump, speaking to reporters in the Oval Office on Thursday afternoon, said: “Obviously we will appeal. They submitted it to a certain judge in Seattle. . . there are no surprises with this judge.
The judge’s ruling echoes the first foray of Trump’s first presidential administration, when he issued an executive order days after taking office reducing the number of refugees admitted to the United States and suspending entry of travelers from several Muslim-majority countries. This order was also quickly suspended by the courts, although a modified version was ultimately upheld.
The birthright order is part of a series of policy efforts to impose strict restrictions on immigration. Trump’s order would also extend to children of mothers who give birth in the United States while on a temporary stay, such as on a work, student or tourist visa.
The ruling follows a lawsuit filed Tuesday by four Democratic attorneys general — one of several lawsuits quickly filed against the order Trump signed Monday, just hours after he was sworn in as president.
Coughenour’s decision marks the first legal setback for the Trump administration, just three days after returning to the White House. The president’s executive orders — many focused on immigration — have kicked off what are expected to be fierce and drawn-out legal battles.
Other Democratic attorneys general as well as civil rights groups filed separate lawsuits this week to strike down the birthright ban, all alleging similar violations of the Fourteenth Amendment, which states that all “persons born or naturalized in the United States…”. . . are citizens of the United States.
The Washington Attorney General’s Office said: “If allowed, this unconstitutional and un-American order would cause thousands of newborns and children in Washington to lose their ability to participate fully and fairly in American society.” as citizens, despite the guarantee of the Constitution. of their citizenship. »
Oregon, Arizona and Illinois joined the lawsuit.
Trump’s order argued that the Fourteenth Amendment did not extend universal citizenship to anyone born in the United States.
The Justice Department said Thursday it would “vigorously defend President Trump’s position.” [executive order]which correctly interprets the Fourteenth Amendment to the United States Constitution.”
The White House did not immediately respond to a request for comment. Earlier this week, he said the lawsuits were part of the “left’s resistance” and the administration would face them in court.
The Justice Department said in a statement Wednesday that the order was “an integral part of President Trump’s recent actions, consistent with his significant immigration authority, to address this country’s broken immigration system and to the ongoing crisis at the southern border.”
