A federal judge temporarily blocked President Trump ’s executive order that aimed to end birthright citizenship , an early setback for the Trump administration’s immigration agenda.
In a written ruling issued on Thursday, U.S. District Judge John C. Coughenour entered a temporary restraining order that prohibits the Trump administration from implementing the executive order until he can more fully hear arguments over its legality.
The federal government has long recognized birthright citizenship—the automatic granting of citizenship to children born on U.S. soil. Trump issued an executive order hours after taking office to end recognition for birthright citizenship for babies born to immigrants in the U.S. illegally as well as to visa holders.
The court ruling is one of the first legal hurdles Trump faces as he seeks to deliver on his campaign promise to crack down on illegal immigration . Trump and his allies believe that the promise of citizenship for their children is a core draw for immigrants coming to the U.S. illegally—and ending it is a key step in deterring illegal immigration. Though the president’s advisers know reinterpreting the U.S. Constitution via executive order will be a tough uphill battle, it is one of Trump’s top priorities, and one he has told associates he feels he was wrongly talked out of taking on during his first term.
The ruling came in a lawsuit brought by a coalition of Democratic state attorneys general who argue the executive order violates the Fourteenth Amendment of the Constitution.
The judge agreed with the state attorneys general that they were likely to prevail on the merits of their case. He said his temporary restraining order would be in effect for 14 days, so that he can next consider a request by the states for a more permanent injunction.
Many legal experts say birthright citizenship is clearly mandated by the Fourteenth Amendment, one of three amendments from the Reconstruction era.
Coughenour wrote in his ruling that the states backing the lawsuit would face irreparable injury from Trump’s executive order. “These harms are immediate, ongoing, and significant,” the judge wrote.
“This unconstitutional and un-American executive order will hopefully never take effect thanks to the actions states are taking on behalf of their residents,” said Washington Attorney General Nick Brown in a press release.
Coughenour was appointed to the federal bench by former President Ronald Reagan .
In a Wednesday court filing, Trump administration lawyers argued that the executive order is “fully consistent” with Supreme Court precedent and that the Constitution doesn’t guarantee children of non-resident aliens a constitutional birthright to citizenship.
“Ample historical evidence shows that the children of non-resident aliens are subject to foreign powers—and, thus, are not subject to the jurisdiction of the United States and are not constitutionally entitled to birthright citizenship,” the court filing stated.