By Daniel Catchpole and Nate Raymond

In a significant legal setback for former President Donald Trump’s hardline immigration policies, a federal judge has issued a temporary restraining order blocking the enforcement of Trump’s executive order restricting birthright citizenship in the United States.

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14-Day Halt on Enforcement

Seattle-based U.S. District Judge John Coughenour, an appointee of former President Ronald Reagan, ruled the policy “blatantly unconstitutional.” The temporary restraining order stops the administration from implementing the policy for 14 days while further arguments are considered. The judge will hold a hearing on February 6 to determine whether to extend the block with a preliminary injunction.

The controversial executive order, signed by Trump on his first day back in office, aimed to deny citizenship to children born in the U.S. whose parents are neither American citizens nor lawful permanent residents. If enforced, the policy would impact over 150,000 newborns annually, barring them from citizenship, Social Security numbers, government benefits, and lawful employment opportunities.

Democratic-Led States Challenge the Policy

Four Democratic-led states—Washington, Arizona, Illinois, and Oregon—filed the lawsuit that led to the temporary block. Washington Attorney General Nick Brown stated, “You are an American citizen if you were born on American soil—period. Nothing that the president can do will change that.”

Legal experts and civil rights groups argue that the policy directly violates the 14th Amendment, which guarantees citizenship to anyone born in the United States. The amendment, adopted in 1868, overturned the infamous Dred Scott decision and has long been upheld by courts, including a 127-year-old Supreme Court ruling affirming citizenship for children born to non-citizen parents.

Trump’s Response and Justice Department’s Defense

Trump has vowed to appeal the decision, describing the restraining order as “wildly inappropriate.” Justice Department lawyer Brett Shumate defended the executive order as constitutional and said the administration would “vigorously defend” the policy.

In a brief filed earlier, the Justice Department argued the order is an essential step to address the nation’s immigration system and ongoing border challenges. Thirty-six Republican lawmakers have also introduced legislation in Congress to limit birthright citizenship, aligning with Trump’s policy goals.

What’s Next?

The restraining order marks the first legal challenge to Trump’s immigration agenda in his second term, signaling potential judicial hurdles ahead. The Justice Department plans to present its arguments against a longer injunction next week, while the case is expected to draw national attention.

For now, Judge Coughenour’s ruling ensures the rights of children born in the U.S. remain protected under the 14th Amendment—at least temporarily.

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