Federal judge blocks Trump’s birthright citizenship order nationwide
2nd federal judge blocks Trump's birthright citizenship order
Washington is once again in the spotlight as a Seattle judge blocked President Trump's effort to end birthright citizenship.
SEATTLE - A federal judge has issued a nationwide injunction blocking the Trump administration’s executive order aimed at ending birthright citizenship for children born in the U.S. to undocumented immigrants.
The ruling by U.S. District Judge John Coughenour follows a two-week temporary restraining order he issued earlier this month. His ruling also follows a similar injunction issued by a Maryland federal judge on Wednesday.
The decision prevents the federal government from enforcing the executive order, which sought to reinterpret the 14th Amendment’s guarantee of birthright citizenship.
Seattle judge shoots down Trump's executive order
Judge Coughenour made it clear that the Constitution is not subject to policy changes through executive orders.
Coughenour is a Ronald Reagan appointee who has been on the bench since 1980, condemned the administration’s approach: "To our President, the Rule of Law is but an impediment to his policy goals—something to navigate around or simply ignore. Under my watch, the rule of law is a bright beacon which I intend to follow."
Washington Attorney General Nick Brown praised a federal court ruling reaffirming the constitutional principle that individuals born in the United States are American citizens.
What they're saying:
"The U.S. Constitution was defended, the rule of law was defended, and we reaffirmed what it means to be an American in this country," Brown said.
The case was brought by the state of Washington, alongside three other states: Arizona, Oregon, Illinois and the Northwest Immigrant Rights Project, who argued that the executive order violates constitutional law. They also contended that it would render children born to undocumented immigrants stateless.
"We do not have a king; we have a president who must abide by the laws," Brown said. "If they want to amend the laws, there is a process by which to do that."
Brown noted several suits have been brought in multiple states, stressing the importance of having multiple cases challenging what he described as an unlawful order.
"What we're facing right now in this country is the Trump administration moving 100 miles an hour in 100 different areas, and on a daily basis, breaking the law, violating the United States Constitution," Brown said. "That's why it's so important to have multiple cases being brought across this country."
The other side:
During the hearing, Deputy Assistant Attorney General Drew Ensign defended the executive order, arguing that the phrase "subject to the jurisdiction thereof" in the 14th Amendment does not automatically grant citizenship to children of undocumented immigrants.
Ensign pointed to Elk v. Wilkins, an 1884 Supreme Court case that ruled Native American tribes were not under U.S. jurisdiction for citizenship purposes until Congress passed a separate law in 1924. He argued that a similar principle should apply to children of undocumented immigrants, as their parents maintain allegiance to foreign nations.
"It's absurd," Brown said. "We currently have a President of the United States who lies to the American people in perpetuity and has a complete disdain for the United States Constitution. The fact that we have lawlessness coming from the top of the country is imbuing the rest of the federal government, as well."
Matt Adams, legal director for the Northwest Immigrant Rights Project, argued the Trump administration lacks the authority to impose new conditions on birthright citizenship.
"The language of the Constitution is clear. There’s no room to change the interpretation," Adams said.
He questioned why immigrants and their children are required to follow U.S. criminal and tax laws, including undocumented men between 18- and 26-years-old obligated to sign up for military draft registration, and fight for the U.S. in war, if they are not considered subject to U.S. jurisdiction.
"The policy arguments are based upon this political rhetoric, basically trying to demonize the immigrant communities, to divide up our communities," Adams said.
Judge Coughenour says if the government wants to change birthright citizenship, they must amend the Constitution.
"It does not matter who the President of the United States is," Brown said. "In this country, we are safeguarded by the constitutional principles we have and an adherence to the rule of law."
What's next:
The Department of Justice is expected to appeal the ruling, and legal experts anticipate the case will head to the Ninth Circuit Court of Appeals. Meanwhile, a separate legal challenge brought by 18 states, including Massachusetts, will be heard in court Friday, and another lawsuit filed by the American Civil Liberties Union is set to go before a federal judge in New Hampshire on Monday.
For now, the ruling ensures that birthright citizenship remains protected under the 14th Amendment.
The Source: Information comes from original reporting by FOX 13 Seattle reporter Alejandra Guzman.
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