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By Gabe Whisnant
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For the second time in two days, a federal judge has blocked President Donald Trump's executive order aimed at ending birthright citizenship for children born to parents who are in the U.S. illegally.
On Thursday, U.S. District Judge John Coughenour in Seattle criticized the administration's interpretation of the Constitution, stating that Trump was attempting to change it through an executive order.
A federal judge on Wednesday issued a second nationwide halt to President Donald Trump's executive order aimed at ending birthright citizenship for individuals born in the United States to parents who are in the country illegally.
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U.S. District Judge Deborah Boardman emphasized that citizenship is a "most precious right." She said that no court in the nation has supported the Trump administration's interpretation of the Fourteenth Amendment.
"This court will not be the first," she said.
Why It Matters
Trump's executive order, signed during his inauguration week, had already been temporarily halted by a federal judge in Washington state, who declared the order "blatantly unconstitutional." The order faced legal challenges from 22 states and various organizations, with lawsuits centering on the interpretation of the Fourteenth Amendment, ratified in 1868.
The amendment ensures that all persons born or naturalized in the U.S. and subject to its jurisdiction are citizens. This was established to guarantee citizenship for former slaves and free African Americans following the Civil War and the Dred Scott Supreme Court decision, which denied citizenship to slaves.
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What To Know
Boardman, who former President Joe Biden nominated, approved the preliminary injunction following a hearing in federal court in Greenbelt, Maryland. The lawsuit was brought before her by immigrant-rights advocacy groups CASA and the Asylum Seeker Advocacy Project, along with several expectant mothers.
Boardman emphasized that citizenship is a "national concern that demands a uniform policy" and asserted that only a nationwide injunction could provide comprehensive relief to the plaintiffs.
Following her ruling, Boardman inquired whether the government intended to appeal her decision. However, the government attorney present had no authority to comment on an appeal immediately.
The Trump administration argues that children of noncitizens were not "subject to the jurisdiction" of the United States and, therefore, not entitled to citizenship. This interpretation was rejected by Boardman, who supported the plaintiffs' assertion that birthright citizenship is foundational to American democracy and integral to the nation's laws and sense of national belonging.
The legal battle has seen Democratic attorneys general from 22 states seeking to block the executive order, while 18 Republican attorneys general have stepped in to defend it.
What People Are Saying
The plaintiffs in the lawsuit stated: "The principle of birthright citizenship is a foundation of our national democracy, is woven throughout the laws of our nation, and has shaped a shared sense of national belonging for generation after generation of citizens."
The U.S. government argued in response to the plaintiffs: "The Constitution does not harbor a windfall clause granting American citizenship to, inter alia: the children of those who have circumvented (or outright defied) federal immigration laws."
What Happens Next
The U.S. remains one of about 30 countries that uphold the principle of jus soli, or "right of the soil," granting citizenship to anyone born within its borders.
Trump's executive orders on immigration have triggered both immediate impacts and prolonged legal challenges. Whether the Trump administration's agenda can proceed may depend on congressional funding and the potential use of emergency powers, reminiscent of the approach to building a border wall during Trump's first term.
This article includes reporting from The Associated Press.
Update 02/06/25, 2:10 p.m. ET: This article was updated with additional information.
Update 02/05/25, 12:22 p.m. ET: This article was updated with additional information.
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