A federal judge on Thursday temporarily blocked President Trump’s executive order to end automatic citizenship for children born on American soil, dealing his first blow to the president as he tries to overturn the nation’s immigration laws and decades of precedent.
In a hearing held three days after Mr. Trump issued his executive order, Federal District Court Judge John C. Caughenor has sued four states, at least for now. “This is a patently unconstitutional order,” he said.
“Frankly,” he continued, challenging Trump administration lawyers, “I have a hard time understanding how a member of the bar could say unequivocally that this is a constitutional mandate. It just boggles my mind.”
Mr. Trump’s orderIssued early in his presidency, it declared that children born to undocumented immigrants in the United States would no longer be considered citizens. The order was also extended to children of mothers in the country Legally but temporarilysuch as tourists, university students or temporary workers.
in response, 22 statesActivist groups and expectant mothers have filed six lawsuits to stop the so-called order, arguing that it violates the 14th Amendment. Legal precedent has long interpreted the amendment — that “all persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States” — applies to every child born in the United States, with few exceptions.
Before Judge Caughen of the US District Court for the Western District of Washington, who was nominated to the bench by President Ronald Reagan, the state attorneys general of Washington, Illinois, Oregon and Arizona argued to deny Mr Trump’s order. More than 150,000 children born each year are deprived of rights and benefits and some are left stateless. States will also lose federal funding for various aid programs.
In their brief, the states cited testimony from then-Assistant Attorney General Walter Dellinger. In 1995, Mr. Dellinger told Congress A law limiting birthright citizenship would be “unconstitutional on its face” and even a constitutional amendment would be “contrary to the nation’s constitutional history and constitutional tradition.”
Lawyers for the federal government argued at the hearing that they should have the opportunity to give a more complete briefing to the court because the executive order does not take effect until next month. States responded that the administration’s order created an immediate burden on them, requiring them to change systems that determine eligibility for federally-supported programs, and that the birth of new babies would cloud them.
Judge Cageno agreed with the states in his assertion: “I’ve been on the bench for over four decades,” he said. “I cannot recall another case where the question presented was as clear as this one. This is a clearly unconstitutional order. Where were the lawyers when this decision was made?
A separate federal lawsuit filed by 18 other states and two cities is being considered in Massachusetts.
