A federal judge in Seattle locked in an injunction Thursday that stops a Trump administration attempt to deny birthright citizenship to kids born in the United States to undocumented parents.
Late last month, U.S. District Court Judge John Coughenour granted a temporary restraining order that lasted 14 days. Thursday’s injunction stops Trump’s executive order to deny birthright citizenship to children of undocumented parents until the case is resolved or a higher court overrules Coughenour.
The judge slammed Trump’s executive order, saying it is obviously unconstitutional. “It’s become more apparent that the rule of law is an impediment to his goals,” Coughenour said.
He said the only legal way to remove birthright citizenship is through changing the 14th Amendment.
“This reminds the country that we don’t have a king. We have a president,” Washington Attorney General Nick Brown said after the hearing.
State Assistant Attorney General Lane Polozola told Coughenour at Thursday’s hearing that Trump is arguing that “some people who are born here are less than other.” The 14th Amendment’s purpose “is to protect our citizens from inflamed political passions,” added Matt Adams, an attorney for the Northwest Immigrant Rights Project, the state’s ally in the litigation.
Federal Deputy Assistant Attorney General Drew Ensign’s counter-argument is that birthright citizenship applies only to people subject to American legal jurisdiction, noting that tribes in the 19th century were not covered by the 14th Amendment, and had to have their citizenship nailed down in a law passed shortly afterwards. He argued that children of undocumented citizens fell into this category.
“It’s a strange legal theory not supported by the Supreme Court,” Brown said.
The 14th Amendment, which was created after the abolition of slavery following the Civil War, begins: “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 Migration Policy Institute, which advocates for immigration and integration policies, estimates that Washington had about 250,000 undocumented immigrants as of 2019. About 38% of those families have at least one U.S. citizen child under 18. The group did not have information about adult U.S. citizen children of undocumented immigrants.
The Washington Post said it is unclear how many U.S.-born children of undocumented immigrants are in the United States or are born each year. About 4.4 million U.S.-born children under 18 were estimated to be living with an undocumented parent in 2022, according to the Pew Research Center. Pew estimated that at least 1.3 million adults have parents who are undocumented, though it noted the method of data collection for that statistic was likely incomplete.
Right now, there are two parallel challenges to Trump’s executive order.
Washington is leading a coalition of Oregon, Arizona and Illinois in challenging the order in federal court in Seattle. The Northwest Immigrant Rights Project is also part of this lawsuit, representing two expecting mothers — Honduran Cherly Norales and El Salvadoran Alicia Chavarria, both living in Seattle — and a proposed class including pregnant people in Washington who would be impacted by the president’s order.
Eighteen other states are pursuing a similar lawsuit in federal court in Maryland. The U.S. District Court judge in Maryland, Judge Deborah Boardman, granted a similar injunction on Wednesday. The two lawsuits will proceed independently.