Judge pauses Trump's birthright citizenship ban

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.

SUBSCRIBE & SAVE

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.

Sign up

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.