President Donald Trump’s recent executive order seeking to end birthright citizenship in the United States has encountered its first major legal hurdles. On Thursday, a Seattle judge will hear a request from four Democratic-led states Washington, Arizona, Illinois, and Oregon seeking a temporary halt to the controversial order. The states are challenging the order, arguing it directly contravenes the 14th Amendment of the US Constitution.
Signed on Monday, the executive order aims to deny citizenship to children born in the US to parents who are in the country illegally or on temporary visas. The policy, set to apply to children born on or after February 19, has sparked widespread opposition, with critics citing its unconstitutionality.
The 14th Amendment guarantees citizenship to all individuals born on US soil, a principle known as birthright citizenship. Legal experts emphasize that altering this fundamental provision would require a constitutional amendment, a process necessitating approval from two-thirds of Congress and three-fourths of the states an arduous and unlikely feat.
The four states argue that the executive order could cause “immediate and irreparable harm” to affected individuals, rendering them undocumented, stateless, and vulnerable to deportation or detention. Additionally, they contend that the president lacks the authority to unilaterally amend the Constitution.
In defense, the Department of Justice (DoJ) has asserted that the executive order is legally sound, arguing that the 14th Amendment applies only to individuals born in the US and “subject to its jurisdiction.” The DoJ claims this excludes children of non-citizens present in the country unlawfully or temporarily. The administration also justifies the move as a necessary step in addressing the nation’s immigration issues and border security challenges.
The order’s implications are vast, potentially affecting thousands. Legal filings by the states indicate that 255,000 children were born to undocumented mothers in the US in 2022. Meanwhile, a coalition of 18 additional Democratic-led states, along with the District of Columbia and San Francisco, has filed a separate challenge.
Judge John Coughenour of the Western District of Washington, who has served on the bench since 1981, will preside over the hearing. Legal experts predict that the matter, fraught with constitutional implications, is likely to escalate to higher courts for resolution.
As the legal battles unfold, organizations like the American Civil Liberties Union (ACLU) have also pledged to challenge the executive order, underscoring the contentious nature of the issue and its potential to reshape the national immigration landscape.
