US District Judge temporarily blocks Donald Trump's ban on birthright citizenship, calls it "blatantly unconstitutional" 

US District Judge John Coughenour has temporarily blocked newly-elected President Donald Trump's executive order banning birthright citizenship for the children of illegal immigrants in the United States. The Judge, who was first appointed by Ronald Reagan, described it as "blatantly unconstitutional."

On November 6, 2024, Donald Trump defeated Democratic supremo Kamala Harris to become the 47th President of the United States. According to the Associated Press, the 78-year-old received 312 votes, easily surpassing the favorable figure of 270.

On Monday, January 20, Trump was sworn in by Chief Justice John Roberts as the newly elected President outside the US Capitol Building. After assuming office, one of his first executive orders directed federal agencies to deny citizenship to children born in the US if neither parent is a legal permanent resident or a citizen. This initiative marks Trump's first step towards redefining American citizenship regulations.

During the hearing, Judge Coughenour inferred that the order was "blatantly unconstitutional."

“I am having trouble understanding how a member of the bar could state unequivocally that this order is constitutional. It just boggles my mind,” Coughenour told Brett Shumate, the Justice Department attorney defending policy.

"I have been on the bench for over four decades. I can't remember another case where the question presented is as clear as this one. This is a blatantly unconstitutional order," Coughenour said of Trump's policy.

Democratic-led states like Washington, Arizona, Illinois, and Oregon also backed the ruling. They argued that the order violated the 14th Amendment's citizenship clause. It claims that anyone born on US soil would be considered a US citizen regardless of the citizenship status of their parents.

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside," the 14th Amendment states.

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Exploring the history of Donald Trump's fight against birthright citizenship

Trump Campaigns For President Across Pennsylvania (Image via Getty)

Donald Trump has long advocated ending birthright citizenship in the United States, a policy that formed the focus of his immigration agenda during his 2016 presidential campaign. However, his idea of formulating an executive order to end birthright citizenship in the country couldn't be realized during his first term as President.

According to a report by Indian Express, Donald Trump's administration has argued that birthright citizenship establishes an incentive for illegal immigration and exhausts national resources. The Justice Department defended the order, claiming that it was Donald Trump's way of establishing a break on the unchecked illegal immigration, especially from the Southern border.

Justice Department lawyer Brett Shumate hailed Judge Coughenour's ruling as "wildly inappropriate" and opined that the executive order was necessary to redefine an immigration policy that the department considered broken.

Additionally, a group of 36 lawmakers in the House of Representatives effectively codified Donald Trump's executive order by passing a legislative order that would prevent children of illegal immigrants or non-immigrants who are born in the United States from gaining citizenship.

Several conservative lawmakers have supported the policy, citing that allowing birthright citizenship in the United States incentivizes illegal immigration. It also encourages illegal immigrants to take advantage of "anchor baby" policies. "Anchor baby" is a practice by which non-citizen families enjoy citizenship benefits through a child born in the United States.