On Thursday, U.S. President Donald Trump announced that his administration would appeal a federal judge’s decision temporarily blocking his effort to limit birthright citizenship. Trump referred to the ruling by Washington state District Judge John Coughenour, who called the executive order “blatantly unconstitutional.”
The judge’s ruling placed a 14-day hold on one of the most controversial executive orders Trump signed shortly after beginning his second term. Coughenour, appointed by Republican President Ronald Reagan, stated that the order was clearly unconstitutional, emphasizing that in his four decades on the bench, he had never seen a case as clear-cut as this one.
Trump confirmed his intention to appeal the decision, and the Department of Justice expressed its commitment to defending the executive order, arguing that it correctly interprets the U.S. Constitution. A spokesperson stated they looked forward to presenting a full argument to the Court and the public, stressing the desire to enforce U.S. laws.
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Birthright citizenship, which is guaranteed by the 14th Amendment, asserts that anyone born on U.S. soil is automatically a U.S. citizen. Trump’s executive order sought to exclude individuals born in the U.S. to parents who are in the country illegally or on a visa, arguing they were not “subject to the jurisdiction” of the U.S.
Judge Coughenour criticized Justice Department attorney Brett Shumate for claiming the order was constitutional, calling it difficult to understand how such a statement could be made.
The ruling followed numerous lawsuits filed by 22 states, two cities, and civil rights groups, which celebrated the decision. Arizona Attorney General Kris Mayes emphasized that no president has the power to change the Constitution, while Washington Attorney General Nick Brown called the order “un-American,” asserting that birthright citizenship ensures that citizenship is not determined by race, ethnicity, or the origins of one’s parents.
Trump had anticipated legal challenges to the order, acknowledging the likelihood of lawsuits when it was signed. He has repeatedly, and incorrectly, claimed that the U.S. is the only country with birthright citizenship, even though over 30 countries, including Canada and Mexico, have similar policies.
Opponents of Trump’s stance argued that the 14th Amendment, ratified in 1868, has been long-settled law. They referenced the 1898 U.S. Supreme Court ruling in the case of Wong Kim Ark, a Chinese American man born in San Francisco, whose citizenship was affirmed by the Court despite his parents’ immigrant status.
