A federal judge in Seattle has issued a nationwide injunction against President Trump’s Executive Order attempting to end birthright citizenship for children of undocumented immigrants born in the United States.
At a Glance
- Seattle federal judge issues nationwide injunction against Trump’s birthright citizenship order
- Order aimed to deny citizenship to children of undocumented immigrants and some legal temporary residents
- Decision follows similar injunction by Maryland judge, creating significant legal blockade
- Judges emphasize that changing birthright citizenship requires constitutional amendment
- Justice Department has filed an appeal to the U.S. Court of Appeals for the Ninth Circuit
Federal Judge Blocks Trump’s Executive Order
In a significant legal setback for the Trump administration, a federal judge in Seattle has issued a nationwide preliminary injunction blocking President Trump’s Executive Order aimed at ending automatic citizenship for babies born on U.S. soil to illegal immigrants. This decision comes on the heels of a similar nationwide injunction issued by a judge in Maryland, creating a formidable legal barrier against the administration’s policy.
The executive order, which sought to deny citizenship not only to children of illegal immigrants but also to those of certain legal temporary residents, is now facing multiple legal challenges. Among these are cases brought by four state Attorneys General.
"The nationwide preliminary injunction from US District Judge Deborah Boardman is a significant ruling against Trump’s Day 1 order, which was swiftly met with legal challenges and put on hold days later by a separate judge." https://t.co/gpsI0Gtxzm
— AILA (@AILANational) February 5, 2025
Constitutional Amendment Required
Judge John C. Coughenour, who issued the injunction, emphasized a crucial point in his ruling: changes to birthright citizenship require a constitutional amendment, not mere policy changes or executive action. This stance aligns with the views of many legal scholars who argue that the 14th Amendment, which protects birthright citizenship, can only be altered through the rigorous process of amending the Constitution.
The preliminary injunction replaces a temporary restraining order previously issued by Judge Coughenour. Typically, such an injunction remains in effect until the case is resolved or overturned by a higher court, providing a significant obstacle to the implementation of the Executive Order.
Federal court blocks what judge calls "blatantly unconstitutional" Trump birthright citizenship order. Just start of a long legal battle, but also sign Trump position faces strong judicial skepticism: https://t.co/d0mHDV7u47
— Ilya Somin (@IlyaSomin) January 23, 2025
Legal Challenges and Appeals
The Justice Department has not remained idle in the face of this legal setback. It has filed an appeal against Judge Coughenour’s order to the U.S. Court of Appeals for the Ninth Circuit, signaling the administration’s intent to continue pursuing this policy change. Additionally, another lawsuit challenging the order is scheduled for a hearing in Massachusetts, indicating that the legal battle is far from over.
