U.S. Federal court judge blocks President Trump’s birthright executive order

The President of the United States of America, Donald J. Trump, has had a jam-packed week since his inauguration on Monday, January 20th, 2025,. He has already signed over 40 Executive Orders, Proclamations, and Memoranda just within a week. 

Trump, who was very outspoken about his goal to undertake mass deportation of illegal immigrants in the United States after being elected president, wasted no time in signing an executive order on birthright citizenship. This order will prevent anyone born in the United States to one or two immigrants from immediately becoming a citizen of the country.

Following this order, many states, including California, have filed lawsuits against Trump seeking to have the order revoked. The lawsuit alleges that the order will violate individuals’ constitutional rights.

 In an intense court argument, U.S. Federal District Judge, John C. Coughenour temporarily halted the order’s implementation. More briefing on a preliminary injunction to permanently block the presidential order is reportedly forthcoming.

Judge Coughenour emphasizes that this order is unheard of in his forty years on the bench and a blatant breach of the U.S. Constitution. “I can’t remember another case where the question presented is as clear as this one. This is a blatantly unconstitutional order.” He states.

Other lawyers representing four states (Washington, Arizona, Illinois, and Oregon) want to halt the ruling, claiming that if it is enforced, it will lead the plaintiffs’ state to “lose financial funding”. It will also result in children born in the United States losing their documents and becoming stateless. However, the Justice Department’s attorneys contend that not only does Trump have the authority to sign this order, but his goal is to reform the “broken immigration process” in the U.S. Brad Rosenberg, a Justice Department litigator, claims that courts in the United States have misinterpreted the 14th Amendment Act for more than 100 years.

According to reports, the case will most certainly be appealed to the US Supreme Court for additional evaluation.

WHAT IS BIRTHRIGHT CITIZENSHIP?

Birthright citizenship is a legal notion that allows a child born in a country to get automatic citizenship. The 14th Amendment Act of the United States Constitution guarantees birthright citizenship. This concept provides the following privileges: 1. Unrestricted birthplace-based citizenship: Anyone born in the United States, regardless of their parents’ status, is immediately granted citizenship, with the exception of children born to foreign diplomats. 2. Restricted ancestry-based citizenship: An extension of citizenship to US citizens who meet the statutory standards.

History of Birthright Citizenship in the U.S.

The case of United States v. Wong Kim Ark (1898) served as a landmark decision of the U.S supreme court which held that “a child born in the United States of parents of Chinese descent automatically becomes an U.S. citizen by birth.’’

 The facts of the case

Wong Kim Ark was born in San Francisco to parents who were both Chinese citizens.  At age 21, he took a trip to China to visit his parents.  When he returned to the United States, he was denied entry on the grounds that he was not a U.S. citizen.  In a 6-to-2 decision, the Court ruled in favor of Wong Kim Ark.  Because he was born in the United States and his parents were not “employed in any diplomatic or official capacity under the Emperor of China,” the Citizenship Clause of the Fourteenth Amendment automatically made him a U.S. citizen.

Following this ruling, the United States has subsequently enacted Birthright Citizenship, which is codified in the United States Constitution.