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Federal judge temporarily blocks Trump’s executive order on birthright citizenship

A multistate coalition argues that birthright citizenship is a fundamental right protected by the 14th Amendment.
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U.S. District Judge John Coughenour issued a temporary restraining order against the Trump administration from enforcing an executive order that would revoke U.S. citizenship for some children born in the U.S.

President Trump's executive order was scheduled to go into effect Feb. 19. The order would not impact the legal status of children born prior to Feb. 19, 2025.

Currently, virtually all children born in the U.S. are granted citizenship regardless of their parents' immigration status. The order would revoke citizenship for children of those in the U.S. illegally.

Coughenour heard a challenge brought by Washington Attorney General Nick Brown. Washington was joined by Oregon, Arizona and Illinois in its suit. Overall, 22 states have filed lawsuits against the Trump administration to stop the order from being enacted.

Coughenour is an appointee of former President Ronald Reagan. Coughenour's injunction lasts 14 days.

The American Civil Liberties Union also filed suit against the Trump administration involving the executive order.

“We started preparing for this scenario more than a year ago,” Washington Gov. Bob Ferguson said. “The excellent team at the Attorney General’s Office is ready to fight this unlawful action, and they will have the full support of my administration.”

RELATED STORY | Nearly two dozen states sue over Trump's order to end birthright citizenship

The White House angrily responded to Coughenour's order.

“Radical Leftists can either choose to swim against the tide and reject the overwhelming will of the people, or they can get on board and work with President Trump to advance his wildly popular agenda," White House principal deputy press secretary Harrison Fields said in a statement. "These lawsuits are nothing more than an extension of the Left’s resistance — and the Trump Administration is ready to face them in court."

The Democratic-led states argue that birthright citizenship is a right for all people born in the U.S. under the 14th Amendment, which was enacted in 1868.

The first section of the 14th Amendment says, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

But President Trump and his allies say that birthright citizenship is a way for migrants in the U.S. illegally to remain in the U.S. if they give birth to a child who becomes a U.S. citizen.

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