Democratic-led states challenge Trump’s birthright citizenship ban in federal court

Four Democratic-led states—Washington, Arizona, Illinois, and Oregon—will present their case before a federal judge in Seattle on Thursday, seeking to block President Donald Trump’s controversial executive order ending automatic birthright citizenship. The states argue that the order violates the 14th Amendment of the U.S. Constitution, which guarantees citizenship to anyone born on U.S. soil.

This executive order, issued by Trump on his first day in office, has sparked widespread criticism and legal challenges. Civil rights groups and attorneys general from 22 states have filed lawsuits, calling it a direct affront to constitutional rights.

U.S. District Judge John Coughenour, a Reagan-era appointee, will hear the case. The four Democratic states are requesting a temporary restraining order to prevent the administration from enforcing the order before it takes effect on February 20. If enforced, the executive order would deny citizenship to children born in the U.S. whose parents are neither citizens nor lawful permanent residents.

According to the challengers, the 14th Amendment’s citizenship clause was firmly established in an 1898 Supreme Court ruling that granted citizenship to children born in the U.S. to non-citizen parents. The amendment, adopted in 1868, was originally designed to overturn the infamous Dred Scott decision of 1857, which excluded enslaved Black people from constitutional protections.

The Justice Department, however, has defended Trump’s order, arguing that the 14th Amendment does not universally apply to all individuals born in the U.S. and that the Supreme Court’s 1898 decision only applies to children of permanent residents. The department also claims that states lack the legal standing to challenge the executive order.

If enforced, Trump’s order could affect over 150,000 newborns annually, barring them from U.S. citizenship and related benefits. These children would also be at risk of deportation and denied Social Security numbers and lawful work opportunities.

The outcome of the Seattle case could set the stage for how the legal battle over birthright citizenship unfolds nationwide. Judge Coughenour may issue an immediate ruling or take time to deliberate before the order’s implementation.

ADVERTISEMENT

In a parallel development, 36 Republican lawmakers have introduced legislation aimed at restricting automatic citizenship to children born to U.S. citizens or lawful permanent residents.

The legal and political battle over birthright citizenship highlights the deep divisions over immigration policy and constitutional interpretation in the United States. For now, the clock is ticking, and the stakes couldn’t be higher for the thousands of families affected.