Trump’s executive order aims to undo birthright citizenship which is guaranteed by the Fourteenth Amendment of the Constitution.
Seattle federal judge John Coughenour favored the challenge which was filed in his state. Arizona, Illinois and Oregon joined the lawsuit. This lawsuit sought to block the order before it was to take effect in February.
The Seattle judge issued the temporary restraining order — calling the executive order “blatantly unconstitutional.”
“Frankly, I have difficulty understanding how a member of the bar would state unequivocally that this is a constitutional order,” Coughenour said. “It just boggles my mind.”
Nevada was one of the states who participated in a second lawsuit filed against the administration. Aaron Ford, the states attorney general, joined 17 other states to push back on the move.
“The 14th Amendment's guarantee of citizenship for anyone born on U.S. soil is not up for debate — it's a fundamental right,” Ford said, calling the move a “victorious step.”
Colorado, New Mexico, were among the states that supported the lawsuit.
Attorney General @AaronDFordNV issues a statement on a federal judge's decision to block Trump's executive order aimed at eliminating birthright citizenship. pic.twitter.com/SMY03wjYTL
— NV Attorney General (@NevadaAG) January 23, 2025
What is birthright citizenship and why does Trump want to remove it?
In the U.S., birthright citizenship is the legal principle that grants citizenship to individuals regardless of their parents’ citizenship or immigration status, and is guaranteed by the 14th Amendment.
It was ratified on July 9, 1868 and enacted during the Reconstruction Era, following the Civil War, to address issues of citizenship, civil rights, and equality.
Following the abolishment of slavery through the 13th amendment, newly freed African Americans faced systemic discrimination and legal challenges.
Trump prioritized ending birthright citizenship during his run for office. The order would exclude certain U.S.-born children from citizenship. He signed the order on his first day in office along with more that target U.S. immigration and citizenship policies.
Trump’s challenge to the long-standing amendment’s phrasing, says the “Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States.”
The policy was set to take effect 30 days from the date of the order, applying to children born on or after February 19, 2025.