A federal judge Wednesday became the second judge to place a temporary hold on President Donald Trump’s executive order restricting birthright citizenship to exclude children of illegal immigrants.
Biden-appointed U.S. District Judge Deborah Boardman issued a preliminary injunction halting Trump’s executive order, which was set to take effect later this month and rested on the argument that since illegal immigrants are not subject to the jurisdiction of the U.S., they are not entitled to citizenship for their children who are born on U.S. soil.
“The executive order conflicts with the plain language of the 14th Amendment, contradicts 125-year-old binding Supreme Court precedent and runs counter to our nation’s 250-year history of citizenship by birth,” Boardman observed.
“The United States Supreme Court has resoundingly rejected the president’s interpretation of the citizenship clause of the 14th Amendment. In fact, no court in the country has ever endorsed the president’s interpretation. This court will not be the first.”
Boardman’s order carries more weight than the two-week temporary restraining order issued by John Coughenour, a Reagan-appointed federal judge in Seattle last month. The injunction will likely remain in place for the time being until a higher court decides on the issue. Later this week, Coughenour will also decide whether to issue an injunction blocking Trump’s order.
Boardman sided with a legal challenge brought by two progressive immigration groups and five pregnant women who are illegal immigrants. The plaintiffs argued that Trump’s executive order violates the 14th Amendment and argued that it harmed the plaintiffs because their children would not be U.S. citizens. Georgetown University Law Center and the Institute for Constitutional Advocacy and Protection are representing the plaintiffs.
A group of 22 Democratic states have already filed legal challenges against Trump’s executive order, a move that was expected to draw legal scrutiny immediately upon Trump’s signature. The birthright citizenship order limits birthright citizenship to children with at least one parent who is a U.S. citizen. The 14th Amendment’s guarantee of birthright citizenship was originally enacted to grant full citizenship to freed slaves after the end of the Civil War.
Trump’s executive action on birthright citizenship is part of his broader effort to significantly curtail illegal immigration. On day one, Trump declared the southern border a national emergency and kicked off his mass deportation program, a signature campaign promise and one that is supported by the majority of American voters.
Trump also labeled drug cartels foreign terrorist organizations and quickly reinstated his “remain in Mexico” policy for individuals with outstanding asylum claims. Border czar Tom Homan and Homeland Security Secretary Kristi Noem are among the administration officials overseeing Trump’s mass deportations and broader immigration policy.