Washington, DC [US], January 24 (ANI): A federal judge ruled Thursday that President Donald Trump’s executive order to end birthright citizenship is “blatantly unconstitutional” and issued a temporary restraining order to block the policy from taking effect, CNN reported.
Judge John Coughenour, a Ronald Reagan appointee based in Seattle, granted an emergency request from Washington State Attorney General Nick Brown and three other Democratic-led states to halt the executive order for the next 14 days while the legal challenge continues.
“I have been on the bench for over four decades. I can’t remember another case whether the question presented was as clear,” Coughenour said.
“Where were the lawyers” when the decision to sign the executive order was made, the judge asked. He said that it “boggled” his mind that a member of the bar would claim the order was constitutional.
Notably, the Democratic-led states are seeking a temporary restraining order, as they argue that Trump’s executive order is a blatant violation of the Constitution’s 14th Amendment, which guarantees citizenship to all children born on US soil and subject to the jurisdiction thereof, as reported by CNN.
Lane Polozola, an attorney representing the state of Washington, told the judge that “births cannot be paused” while the court reviews the case.
“Babies are being born today here, and in the plaintiff states and around the country, with a cloud cast over their citizenship,” Polozola said.
He warned that children who are denied citizenship under Trump’s executive order would face “long-term substantial negative impacts.”
Polozola further argued that the Trump administration had not only ignored these potential harms in its filings but that the harm “appears to be the purpose” of the order itself.
In addition to the impact on individuals, Washington and other states argue that ending birthright citizenship would place a financial and logistical burden on state programs, as these children would no longer be eligible for federal benefits that they would typically receive as US citizens, as reported by CNN.
In defence, the Trump administration argues that the clause “subject to the jurisdiction thereof” allows the president to exclude children of undocumented immigrants, as well as children of parents who are legally present but lack permanent status.
Justice Department attorney Brett Shumate urged the judge to hold off on issuing an emergency order blocking the policy until there was more briefing on the policy.
“I understand your concerns,” Shumate said, but he urged the court against making “a snap judgment on the merits.”
Shumate noted that the other cases challenging the executive order were moving on a slower timeline and argued that “imminent harm” was threatening the states. (ANI)
