A federal judge in Seattle issued a nationwide temporary restraining order Thursday halting President Donald Trump’s executive order aimed at limiting birthright citizenship.
Senior U.S. District Judge John Coughenour, an appointee of former President Ronald Reagan, called the order “blatantly unconstitutional.” The judge criticized the federal government’s argument that the 14th Amendment excludes children of undocumented immigrants, asserting, “President Trump and the federal government now seek to impose a modern version of Dred Scott.”
“Frankly, I have difficulty understanding how a member of the Bar could state unequivocally that this is a constitutional order,” Coughenour said.
The restraining order lasts for 14 days, according to the brief four-page order, which notes, “This injunction remains in effect pending further orders from this Court.”
Washington Attorney General Nick Brown, a Democrat, joined by his counterparts in Oregon, Illinois, and Arizona, led the lawsuit, arguing that the order would strip citizenship from around 150,000 newborns annually, including 4,000 in Washington state.
“This is an unconstitutional attempt to redefine what it means to be an American,” Brown said during the hearing, according to the Seattle Times.
According to the executive order, children born in the United States to parents in the country illegally or temporarily are not “subject to the jurisdiction” of the U.S., a reinterpretation of the 14th Amendment. The Trump administration argued that such children are not entitled to citizenship and accused the states of lacking standing to sue.
Coughenour rejected that argument, emphasizing the 14th Amendment’s guarantee, which says, “All persons born or naturalized in the United States … are citizens.”
“I’ve been on the bench for over four decades,” Coughenour said during the hearing. “I can’t remember another case where the question presented is as clear as this one. This is a blatantly unconstitutional order.”
When asked in the Oval Office about the ruling, Trump responded with a slight against Coughenour, saying there are “no surprises with that judge.”
“Obviously, we’ll appeal it,” Trump said.
"Obviously we'll appeal it" — Trump on a court striking down his birthright citizenship EO pic.twitter.com/OnfoN8fzT3
— Aaron Rupar (@atrupar) January 23, 2025
The judge’s decision is the first in a series of lawsuits nationwide challenging the executive order, setting the stage for a prolonged legal battle likely to reach the Supreme Court. At least 22 different states and various civil rights groups are named as plaintiffs.
Trump’s executive order aims to limit automatic U.S. citizenship to people born in the country only if at least one parent is a U.S. citizen or lawful permanent resident. The order denies citizenship to children born in the U.S. whose parents are undocumented immigrants or in the country on temporary visas, such as student or tourist visas.
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Arizona Attorney General Kris Mayes lauded Coughenour’s decision as a “win for the rule of law and the U.S. Constitution.”
“His decision to grant a temporary restraining order against President Trump’s ‘blatantly unconstitutional’ executive order ending birthright citizenship is the first of many wins,” Mayes said, adding, “No president can change the constitution on a whim and today’s decision affirms that.”
