Birthright citizenship is the right that grants automatic citizenship to anyone born in the US, irrespective of the status of their parentage. Trump issued an executive order cancelling birthright citizenship for any child born after February 19, 2025 to anyone other than US citizens or permanent residents. This order was immediately challenged by multiple states and in the first hearing on it, a federal judge in Seattle immediately suspended the order, calling it “blatantly unconstitutional”.
“I’ve been on the bench for over four decades. I can’t remember another case where the question presented was as clear as this one is,” U.S. District Judge John Coughenour told a Justice Department attorney. “This is a blatantly unconstitutional order.”
Thursday’s decision prevents the Trump administration from taking steps to implement the executive order for 14 days. In the meantime, the parties will submit further arguments about the merits of Trump’s order. Coughenour scheduled a hearing on Feb. 6 to decide whether to block it long term as the case proceeds.
Coughenour, 84, a Ronald Reagan appointee who was nominated to the federal bench in 1981, grilled the DOJ attorney, Brett Shumate, asking whether Shumate personally believed the order was constitutional.
“I have difficulty understanding how a member of the bar could state unequivocally that this is a constitutional order,” he added.
….The U.S. is among about 30 countries where birthright citizenship — the principle of jus soli or “right of the soil” — is applied. Most are in the Americas, and Canada and Mexico are among them.