Judge Issues a Temporary Restraining Order Against President Trump’s Controversial Immigration Policy
A U.S. federal judge on Thursday blocked the Trump administration from implementing the Republican president’s executive order restricting the right to automatic birthright citizenship in the United States, calling it “blatantly unconstitutional.”
Seattle-based U.S. District Judge John Coughenour issued a temporary restraining order at the urging of four Democratic-led states—Washington, Arizona, Illinois, and Oregon—preventing the administration from enforcing the order. Trump had signed the order on January 22, his first day back in office.
The judge, appointed by former Republican President Ronald Reagan, dealt the first legal setback to Trump’s hardline immigration policies.
“I am having trouble understanding how a member of the bar could state unequivocally that this order is constitutional,” the judge told a U.S. Justice Department lawyer defending Trump’s order.
Trump’s executive order had directed U.S. agencies to refuse to recognize the citizenship of children born in the U.S. if neither of their parents is a U.S. citizen or lawful permanent resident.
The states argued that the order violated the right enshrined in the 14th Amendment of the U.S. Constitution, which grants citizenship to anyone born on U.S. soil.
“I’ve been on the bench for over four decades. I can’t remember another case where the question presented is as clear as this one. This is a blatantly unconstitutional order,” Coughenour said.
The judge’s order prevents Trump’s policy from being enforced nationwide for 14 days while he considers whether to issue a longer-lasting preliminary injunction. He will hear arguments on February 6.
Under the order, children born in the U.S. after February 19 whose parents are not American citizens or lawful permanent residents would be subject to deportation and denied access to Social Security numbers, government benefits, and the ability to work lawfully when older.
Justice Department lawyer Brett Shumate argued that the order was constitutional, but before he could finish, Judge Coughenour signed the temporary restraining order.
The Justice Department plans to file papers next week to urge the judge not to issue a longer injunction. A department spokesperson said it plans to “vigorously defend” Trump’s order.
Democratic state attorneys general have said that the interpretation of the Constitution’s citizenship clause was solidified 127 years ago when the U.S. Supreme Court ruled that children born in the U.S. to non-citizen parents are entitled to American citizenship.
