SEATTLE — A Seattle federal judge on Thursday blocked President Donald Trump‘s executive order that would limit birthright citizenship — a first roadblock in what is expected to be a difficult legal battle over the President’s agenda.
U.S. District Judge John C. Coughenour, a Ronald Reagan appointee, heard arguments before issuing a block on the policy from taking effect for 14 days.
“I’ve been on the bench for over four decades,” Coughenour said. “I can’t remember another case where the question presented is as clear as this one. This is a blatantly unconstitutional order.”
Washington, Arizona, Illinois and Oregon all filed to block the order before it is set to take effect in late February. It’s one of five lawsuits filed by Democratic attorneys challenging the order as unconstitutional.
Trump’s executive order would limit automatic birthright citizenship to children of U.S. citizens and green card holders.
The Constitution’s 14th Amendment grants automatic citizenship to anyone born in the U.S. except the children of foreign diplomats. “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 amendment reads.
“President Trump and the federal government now seek to impose a modern version of Dred Scott,” lawyers representing the four states wrote in a court filing. “But nothing in the Constitution grants the President, federal agencies, or anyone else authority to impose conditions on the grant of citizenship to individuals born in the United States.”
“Absent a temporary restraining order, children born in the Plaintiff States will soon be rendered undocumented, subject to removal or detention, and many stateless,” the lawyers continued. “They will be denied their right to travel freely and re-enter the United States. They will lose their ability to obtain a Social Security number (SSN) and work lawfully as they grow up. They will be denied their right to vote, serve on juries, and run for certain offices. And they will be placed into positions of instability and insecurity as part of a new, Presidentially-created underclass in the United States.”
While at the White House on Thursday, Trump said he would appeal the ruling.

