A United States federal judge has temporarily blocked President Donald Trump’s executive order seeking to end birthright citizenship, dealing an early legal setback to one of the administration’s most controversial immigration policies.
The ruling was delivered on Thursday, January 23, 2025, by U.S. District Judge John C. Coughenour in Seattle after a coalition of 18 state attorneys general filed lawsuits challenging the constitutionality of the order. Trump’s directive, signed shortly after he was sworn in for a second term, was scheduled to take effect on February 19.
During the hearing, the judge strongly questioned the legality of the executive order, describing it as being in direct conflict with the U.S. Constitution.
As Brett Shumate, a lawyer representing the U.S. Department of Justice, began defending the administration’s position, Judge Coughenour interrupted with a pointed question.
“Is this order constitutional?” the judge asked before adding, “This is an order that is blatantly unconstitutional.”
He went further, reflecting on the role of the judiciary in protecting constitutional rights.
“We reflect on history and wonder, ‘Where were the judges? Where were the lawyers?'” Coughenour said. “Honestly, I struggle to find a member of the bar who could confidently assert that this is a constitutional order.”
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The veteran judge also described the executive action as “mind-boggling,” saying that in more than four decades on the bench and in legal practice, he could not remember another case in which the challenged action appeared so clearly unconstitutional.
Trump signed the executive order on Monday, the day he returned to the White House, as part of a sweeping package of immigration measures aimed at fulfilling one of his major campaign promises. The order seeks to reinterpret the long-standing constitutional principle that grants U.S. citizenship to nearly all individuals born on American soil under the 14th Amendment.
The administration argues that birthright citizenship has encouraged illegal immigration and should not automatically apply to children born to undocumented immigrants or certain temporary visa holders. However, critics contend that the policy directly contradicts the Constitution and more than a century of established legal precedent.
The lawsuit filed by the coalition of states argues that only a constitutional amendment—not an executive order—can alter the meaning of the Citizenship Clause of the 14th Amendment. The states also warn that implementing the order would create widespread legal uncertainty and deny thousands of children access to citizenship rights and government benefits.
Judge Coughenour’s temporary injunction prevents the administration from enforcing the order while the legal challenges continue through the courts. The decision is widely expected to be the first step in what could become a lengthy legal battle that may ultimately be decided by the U.S. Supreme Court.
The birthright citizenship dispute comes amid a broader immigration crackdown by the Trump administration. On Wednesday, President Trump also authorised the deployment of 1,500 additional U.S. troops to help secure the southern border as part of his renewed effort to curb illegal immigration.
With the executive order now on hold, attention is expected to shift to higher courts, where the constitutional debate over one of America’s most fundamental citizenship rights is likely to unfold in the coming months.
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