As reported by AP and many other news outlets, on January 23, a Federal District Court in Washington state issued a temporary restraining order blocking President Trump's Executive Order which would limit birthright citizenship, which is granted by the 14th Amendment to the U.S. Constitution.
The President's Executive Order proposed to eliminate birthright citizenship for children born to parents both unlawfully present, and to those in visa status and to some who held permanent resident status.
Federal judge John U.S. District Judge John Coughenour quickly issued the temporary restraining order, which blocks implementation for the next 14 days. A full decision on the case is expected within that timeframe, and several other federal court challenges to the EO are pending in other states.
Judge Coughenour was clear in his analysis of the Executive Order, stating, "I've been on the bench for over four decades, and I can't remember another case where the question presented was this clear," and “Frankly I have difficulty understanding how a member of the bar could state unequivocally this is a constitutional order.”
This decision provides clarity that the Executive Order is likely unenforceable.
[Judge] Coughenour did not detail his reasoning during Thursday’s hearing, but his assertion that the order is “blatantly unconstitutional,” as well as point-blank questioning of DOJ attorney Brett Shumate — and his lack of questions for Washington’s assistant attorney general, Lane Polozola — suggested he agreed with the states’ arguments.
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