The federal judge in Seattle issued a temporary restraining order Thursday, halting the implementation of President Donald Trump’s executive order ending birthright citizenship. Judge John Coughenour, a Reagan appointee, granted the emergency request filed by Washington Attorney General Nick Brown and three other Democratic-led states. The restraining order will remain in effect for 14 days as the legal challenge proceeds.
“I have been on the bench for over four decades. I can’t remember another case where the question presented was as clear,” Coughenour said. The judge criticized the legality of the executive order, questioning the legal reasoning behind its drafting. “It boggles my mind that a member of the bar would claim the order is constitutional,” he remarked.
The Democratic-led states argue that Trump’s executive order directly violates the 14th Amendment of the Constitution, which guarantees citizenship to all children born on U.S. soil who are subject to its jurisdiction. Lane Polozola, an attorney representing Washington state, emphasized the immediate harm caused by the order. “Births cannot be paused while this case is considered. Babies born today and in the days ahead are facing uncertainty over their citizenship,” Polozola said. He added that children denied citizenship under the policy would suffer long-term negative impacts.
Polozola also accused the Trump administration of intentionally disregarding the harm the policy would cause, asserting that the harm “appears to be the purpose” of the executive order. Beyond its impact on individuals, the Democratic-led states contend that the policy would burden state programs financially and logistically, as children denied citizenship lose access to federal benefits they would otherwise receive.
Trump administration defends the policy amid legal challenges
The Trump administration has defended the executive order, arguing that the 14th Amendment’s phrase “subject to the jurisdiction thereof” gives the president the authority to exclude children of undocumented immigrants, as well as children whose parents are lawfully present in the U.S. but lack permanent legal status. Brett Shumate, a Justice Department attorney, urged the judge to delay blocking the policy until further briefings could take place.
“I understand your concerns,” Shumate told the court, “but I urge the court not to make a snap judgment on the merits.” He argued that the legal challenges were unfolding quickly and that other lawsuits across the country were progressing on a slower timeline.
At the White House, Trump vowed to contest the ruling. Meanwhile, other lawsuits have been filed by immigrant rights groups, civil rights organizations, and individuals impacted by the executive order. These cases are progressing in courts across the country.
During a status conference in Maryland, a Justice Department attorney acknowledged that federal agencies had not yet begun implementing the policy, which was set to take effect next month. “The executive order was issued three days ago during a time of transition for the administration,” attorney Brad Rosenberg said. He explained that it was “too early” for agencies to have developed the necessary enforcement policies.
In Maryland, plaintiffs are seeking a temporary block on the order, with a hearing scheduled for February 5. Similarly, in New Hampshire, a federal judge will consider a request from the American Civil Liberties Union and other rights groups to halt the policy during a February 10 hearing.
The legal challenges signal a lengthy fight ahead over the fate of birthright citizenship in the United States. For now, Judge Coughenour’s ruling ensures that the controversial executive order will not be enforced as courts examine its constitutionality.
