Trump’s order takes aim at a constitutional right that automatically grants citizenship to anyone born in the country.
A federal judge blocks President Donald Trump’s executive order restrictions birthright citizenshipa constitutional right that confers automatic citizenship to anyone born in the United States.
District Court Judge John Cognull issued a temporary restraining order in Seattle, Washington, on Thursday, preventing the government from enacting what he called a “blatantly unconstitutional” measure.
“I’ve been a judge for more than four decades, and I can’t remember another case that raised the issue so clearly,” Cognull said. “This is a blatantly unconstitutional order. Where were the lawyers when this decision was made?”
Human rights groups were alarmed by Trump’s order, calling it a fundamental attack on the concept of American citizenship.
The executive order will affect not only children born in the United States to undocumented parents, but also children who immigrated legally in the United States.
Monday’s order is part of a package of measures signed by Trump restrict immigrationwas quickly challenged in court.
As many as five lawsuits have been filed against Trump over his attack on birthright citizenship, including officials from 22 states and multiple civil rights groups including the American Civil Liberties Union.
Thursday’s temporary restraining order follows complaints from four Democratic-led states: Arizona, Illinois, Oregon and Washington. This is the first lawsuit to reach the hearing stage.
“A baby born today is not a U.S. citizen under this order,” Washington Assistant Attorney General Ryan Polozola argued at the start of the hearing.
For more than a century, the Supreme Court has also relied on the Fourteenth Amendment to the U.S. Constitution to uphold the concept of birthright citizenship.
It states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.”
However, the Trump administration maintains that birthright citizenship would encourage irregular immigration into the United States.
It also holds that the Fourteenth Amendment does not apply to people whose parents are undocumented because they are not subject to the “jurisdiction” of the United States.
Trump’s Justice Department described Monday’s executive order as “an integral part” of the administration’s efforts to address the “ongoing crisis at the southern border.”
The order directs the Social Security Administration not to issue Social Security cards or Social Security numbers to children born after February 19 if their parents are not citizens or lawful permanent residents.
This in turn makes these children vulnerable to deportation. Children may also have difficulty accessing basic government services without a vital form of identification called a Social Security card.
The United States is one of approximately 30 countries in the world with birthright citizenship. The Fourteenth Amendment was enacted after the Civil War to extend citizenship to formerly enslaved black people.