A federal judge in Seattle is set to hear arguments on the constitutionality of President Donald Trump's birthright citizenship executive order. The directive aims to end citizenship for children born to parents not legally in the country. U.S. District Judge John Coughenour has scheduled a hearing involving lawyers from the Trump administration, four states suing to stop the order, and an immigrant rights organization challenging it on behalf of expectant parents.
Recently, a Maryland federal judge issued a nationwide pause in a similar case involving immigrants' rights groups and pregnant women. The president's executive order seeks to end automatic citizenship for children born on U.S. soil to parents in the country illegally or on temporary lawful status.
Currently, the order is on hold pending legal proceedings. Judge Coughenour previously called the order “blatantly unconstitutional” and issued a temporary restraining order blocking its implementation. Another judge followed up with an injunction keeping it on hold long-term.
During the upcoming hearing, arguments will be presented on whether an injunction should be issued similar to the one in Maryland. A total of 22 states and various organizations have sued to stop the executive action, with four states involved in the Seattle case.
The lawsuits revolve around the 14th Amendment to the Constitution, which guarantees citizenship to all persons born or naturalized in the U.S. and subject to its jurisdiction. The Trump administration argues that children of noncitizens are not “subject to the jurisdiction” and therefore not entitled to citizenship.
Opposing attorneys contend that the 14th Amendment unequivocally grants citizenship to those born on U.S. soil, citing historical legal precedents. The U.S. is among about 30 countries worldwide that practice birthright citizenship, including Canada and Mexico.
