Judge blocks Trump’s ‘blatantly unconstitutional’ executive order that aims to end birthright citizenship

President Donald Trump signs documents as he issues executive orders and pardons for January 6 defendants in the Oval Office at the White House on Inauguration Day in Washington, DC, on Jan. 20. (Carlos Barria/Reuters via CNN Newsource)

SEATTLE — A federal judge said Thursday that President Donald Trump’s executive order ending birthright citizenship was “blatantly unconstitutional” and issued a temporary restraining order to block it.

Judge John Coughenour, a Ronald Reagan appointee who sits in Seattle, granted the request by Washington Attorney General Nick Brown and three other Democratic-led states for the emergency order halting implementation of the policy for the next 14 days while there are more briefings in the legal challenge.

“I have been on the bench for over four decades. I can’t remember another case whether the question presented was as clear,” Coughenour said.

“Where were the lawyers” when the decision to sign the executive order was made, the judge asked. He said that it “boggled” his mind that a member of the bar would claim the order was constitutional.

The Democratic-led states are seeking a temporary restraining order, as they argue that Trump’s executive order is a blatant violation of the Constitution’s 14th Amendment, which guarantees citizenship to all children born on US soil “and subject to the jurisdiction thereof.”

An attorney for the state of Washington, Lane Polozola told the judge that “births cannot be paused” while the court considers the case.

“Babies are being born today here, and in the plaintiff states and around the country, with a cloud cast over their citizenship,” Polozola said.

Children denied citizenship under Trump’s order will face “longterm substantial negative impacts,” he added.

Polozola also argued that the Trump administration not only ignored those harms in the filings it has submitted so far in the dispute, but that harm “appears to be the purpose” of the executive order.

Beyond the impact that Trump’s order will have on their residents, Washington and the other states are arguing that the end of birthright citizenship will burden their state programs financially and logistically, as those children are shut off from federal benefits that they would be entitled to as citizens.

The Trump administration is arguing that that clause “subject to the jurisdiction thereof” allows the president to exclude the children of undocumented immigrants and even children whose parents are lawfully present but lack permanent legal status.

Justice Department attorney Brett Shumate urged the judge to hold off on issuing an emergency order blocking the policy until there was more briefing on the policy.

“i understand your concerns,” Shumate said, but he urged the court against making “a snap judgment on the merits.”

Shumate noted that the other cases challenging the executive order were moving on a slower timeline and argued that “imminent harm” is threatening the states.

Other active cases across the country

A handful of other lawsuits have been brought this week against the order, including by a separate group of Democratic attorneys general, immigrant rights groups and individual plaintiffs.

During a status conference held Thursday in one of those cases, a lawyer for the Justice Department told a federal judge in Maryland that he wasn’t aware of any federal agencies that have taken steps to begin enforcement of the order next month. That challenge was brought by immigrant rights groups and pregnant women in the state whose babies could be impacted by the order.

“The executive order was issued three days ago during a time of change of administration. And so it’s very early for the agencies to develop their policies that would be necessary” to implement it, the attorney, Brad Rosenberg, told US District Judge Deborah Boardman.

The judge is set to consider a request by the plaintiffs to temporarily block the order during a hearing on Feb. 5.

Meanwhile, in a case brought by the American Civil Liberties Union and other civil rights and immigration rights groups in New Hampshire, a federal judge there has set a hearing for Feb. 10 to consider the groups’ request to block the order from taking effect for now.

Tierney Sneed, CNN

CNN’s Devan Cole contributed to this report.