In a significant legal development, a federal judge has blocked President Donald Trump's executive order aimed at curtailing birthright citizenship in the United States. The executive order, which rights groups have decried as a fundamental assault on the concept of US citizenship, instructed agencies to deny Social Security cards or numbers to children born after February 19 if either parent is not a citizen or legal permanent resident. This measure threatened to affect not just children of undocumented parents but also those of immigrants legally residing in the country.
The 14th Amendment of the US Constitution, which grants automatic citizenship to anyone born in the United States, has been upheld by the Supreme Court for over a century. Implemented after the Civil War, the amendment was designed to extend citizenship to Black people who had previously been enslaved. However, the Trump administration argued that it was not meant to apply to individuals with undocumented parents, contending that such individuals are not "subject to the jurisdiction" of the United States.
District Court Judge John Coughenour in Seattle, Washington, issued a temporary restraining order preventing the government from implementing Trump's executive order. The judge labeled the measure as "blatantly unconstitutional," emphasizing the enduring legality of birthright citizenship. The US is one of about 30 countries globally that recognizes birthright citizenship, a fact underscoring the longstanding nature of this principle in American law.
"Under this order, babies being born today don’t count as US citizens," – Washington Assistant Attorney General Lane Polozola
The blocking of the order follows a series of legal actions against it. Four Democrat-led states — Arizona, Illinois, Oregon, and Washington — filed a complaint challenging the order. Additionally, as many as five lawsuits have been filed against Trump's attempt to alter birthright citizenship, involving officials from 22 states and several civil rights groups. These lawsuits highlight widespread opposition to what many view as an unconstitutional attempt to redefine citizenship.
The Trump administration has maintained that birthright citizenship serves as an incentive for irregular migration into the United States. Despite this stance, the judicial system has thus far acted as a bulwark protecting this constitutional right from executive encroachment.
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." – 14th Amendment of the US Constitution
