A federal judge has temporarily blocked US President Donald Trump's executive order that repeals the constitutional guarantee of birthright citizenship, calling it "clearly unconstitutional."
U.S. District Judge John Coughenour in Seattle ruled in a case brought by the states of Washington, Arizona, Illinois and Oregon, which argue that the 14th Amendment to the Constitution and Supreme Court jurisprudence cemented citizenship at birth.
Just as Justice Department attorney Brett Shumate began his arguments defending Trump's executive order, Judge Coughenour interrupted him, asking: "Is this executive order constitutional?"
The judge interrupted again as Shumate began to respond, saying, "This is clearly an unconstitutional order."
“We look back at history and say, 'Where were the judges, where were the lawyers,'” the judge continued. “To be honest, I don't know how any member of the Bar Association can confidently say that this regulation is constitutional.The executive order, which Trump signed on Monday after taking office, directs US agencies to refuse to recognize the citizenship of children born in the US if neither the mother nor the father is a US citizen or lawful permanent resident.
For more than 125 years, nearly everyone born on American soil has been granted citizenship, regardless of their parents' immigration status. But many have criticized the practice, claiming it is a "huge magnet for illegal immigration."
Trump's lawyers have argued that the 14th Amendment to the Constitution should be interpreted differently. Specifically, they say there is language in the amendment that means it should not apply to the children of those who are in the U.S. illegally or on temporary visas. That section says: "and subject to their jurisdiction."
However, some states and civil rights groups disagree with this interpretation and say that denying citizenship at birth is unconstitutional.