Judge pauses Trump's birthright citizenship ban

Donald Trump supporter carries copies of the U.S. Constitution at his 2025 inauguration — Trump's team argues that children born to parents who aren't citizens or permanent residents are not covered under the 14th Amendment's birthright citizenship clause

(Image credit: Amid Farahi / Middle East Images / AFP via Getty Images)

What happened

A federal judge in Seattle temporarily blocked President Donald Trump's executive order to overturn birthright citizenship, calling it "blatantly unconstitutional." Under the 14th Amendment, the U.S. is one of about 30 countries, mostly in the Americas, that grant citizenship to anyone born in the country.

Who said what

In more than 40 years on the bench, "I can't remember another case where the question presented is as clear as this one is," said U.S. District Judge John Coughenour, a Ronald Reagan appointee. It "just boggles my mind" that any lawyer in good standing "could state unequivocally that this is a constitutional order."

"Obviously we'll appeal," Trump told reporters. Coughenour's ruling was Trump's "first setback as he attempts to upend the nation's immigration laws and reverse decades of precedent," The New York Times said. The Seattle case, brought by four states, is one of a "flurry of lawsuits" filed to block Trump's order, The Seattle Times said.

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Trump's team argues that children born to parents who aren't citizens or permanent residents are not "subject to the jurisdiction" of the United States, so not covered under the 14th Amendment's birthright citizenship clause. Washington assistant attorney general Lane Polozola called that argument "absurd" in court, pointing out that noncitizens are "subject to the decisions of the immigration courts" and must "follow the law while they are here."

What next?

Coughenour's restraining order blocks the order from taking effect nationwide for 14 days, and he said he might issue a longer preliminary injunction after a Feb. 6 hearing. Trump's executive order says it will go into effect Feb. 19.

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Rafi Schwartz has worked as a politics writer at The Week since 2022, where he covers elections, Congress and the White House. He was previously a contributing writer with Mic focusing largely on politics, a senior writer with Splinter News, a staff writer for Fusion's news lab, and the managing editor of Heeb Magazine, a Jewish life and culture publication. Rafi's work has appeared in Rolling Stone, GOOD and The Forward, among others.