A federal judge in Seattle issued a nationwide temporary restraining order on January 23, 2025, halting President Donald Trump's executive order aimed at limiting birthright citizenship. Senior U.S. District Judge John Coughenour described the order as 'blatantly unconstitutional.'
Judge Coughenour criticized the government's assertion that the 14th Amendment excludes children of undocumented immigrants, stating, 'President Trump and the federal government now seek to impose a modern version of Dred Scott.'
The lawsuit, led by Washington Attorney General Nick Brown along with officials from Oregon, Illinois, and Arizona, argued that the executive order would strip citizenship from approximately 150,000 newborns annually, including 4,000 in Washington state. Brown referred to the order as 'an unconstitutional attempt to redefine what it means to be an American.'
The executive order claimed that children born in the U.S. to undocumented or temporarily present parents are not 'subject to the jurisdiction' of the United States, representing a reinterpretation of the 14th Amendment. The Trump administration contended that such children are not entitled to citizenship and questioned the states' standing to sue.
Judge Coughenour rejected this argument, reaffirming the 14th Amendment's guarantee that 'All persons born or naturalized in the United States...are citizens.'
This ruling marks the beginning of a series of legal challenges against the executive order, indicating a potential prolonged legal battle that may ultimately reach the Supreme Court.