Judge pauses Trump's birthright citizenship ban
A federal judge in Seattle temporarily blocked President Donald Trump's 'unconstitutional' executive order to overturn birthright citizenship


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.
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
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.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
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.
-
The Girlfriend: irresistibly twisty drama starring Robin Wright
The Week Recommends ‘Deliciously unhinged’ show pits a son’s mother against his ‘cagey’ new girlfriend
-
Islands: gripping thriller ‘shimmers, convinces and thoroughly absorbs’
The Week Recommends Sam Riley stars in Jan-Ole Gerster’s mystery about a washed-out tennis coach at a Fuerteventura resort who falls under the spell of a married guest
-
What We Can Know: Ian McEwan’s ‘most entertaining and enjoyable novel for years’
The Week Recommends The acclaimed writer’s ambitious new book sets out a ‘richly imagined’ vision of post-apocalyptic Britain
-
What is Donald Trump’s visit worth to the UK economy?
In the Spotlight Centrepiece of the president’s trip, business-wise, is a ‘technology partnership’
-
Trump’s visit: the mouse and the walrus
Britain is keen to point to its own ‘tangible results’, but the US administration has made their demands clear
-
Supreme Court: Will it allow Trump’s tariffs?
Feature Justices fast-track Trump’s appeal to see if his sweeping tariffs are unconstitutional
-
Venezuela: Was Trump’s air strike legal?
Feature A Trump-ordered airstrike targeted a speedboat off the coast of Venezuela, killing all 11 passengers on board
-
Why is Trump backtracking on the Hyundai immigration raid?
Today’s Big Question Backlash threatens investment in US manufacturing
-
3 killed in Trump’s second Venezuelan boat strike
Speed Read Legal experts said Trump had no authority to order extrajudicial executions of noncombatants
-
Is Kash Patel’s fate sealed after Kirk shooting missteps?
TODAY'S BIG QUESTION The FBI’s bungled response in the immediate aftermath of the Charlie Kirk shooting has director Kash Patel in the hot seat
-
Russian drone tests Romania as Trump spins
Speed Read Trump is ‘resisting congressional plans to impose newer and tougher penalties on Russia’s energy sector’