A federal judge on Thursday (January 23) temporarily blocked President Donald Trump‘s executive order redefining birthright citizenship. Over on social media, Nancy Pelosi has folks chattin’ about her reaction to the block.
Why The Judge Blocked Donald Trump’s Birthright Citizenship Order
U.S. District Judge John Coughenour repeatedly interrupted a Justice Department lawyer to ask how he could consider the order constitutional. Attorney Brett Shumate said he’d like a chance to explain it in a full briefing, but Coughenour quickly reminded him that the hearing was his chance.
Arizona, Illinois, Oregon and Washington were the first suing states to get a hearing before a judge. The lawsuits argue that the 14th Amendment to the U.S. Constitution guarantees citizenship for people born and naturalized in the U.S. It also said states have been interpreting the amendment that way for a century. Ratified in 1868 in the aftermath of the Civil War, the amendment says:
“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.”
Now, the granted temporary restraining order applies nationally. The case is one of five lawsuits 22 states and a number of immigrants rights groups across the country have filed. Attorneys general who are U.S. citizens by birthright shared personal testimonies in the suits. It also named pregnant women who are afraid their children won’t become U.S. citizens.
Judge Coughenour, a Ronald Reagan appointee, grilled the DOJ attorneys. He said the order “boggles the mind.”
“This is a blatantly unconstitutional order,” Coughenour told Shumate.
The judge said he’s been on the bench for more than four decades and couldn’t remember seeing another case in which the action challenged so clearly violated the constitution.
Nancy Pelosi Drops A Message About The Ruling
As mentioned, amid reactions from the suing states and Americans following the case, Nancy Pelosi also spoke out. She took to X with a lil’ shade on a quote-tweet featuring an AP article about the first blocking of one of Trump’s executive orders.
“If you’re born in America, you’re an American. Period,” Nancy said of the birthright citizenship ruling.
#1
DOJ Attorney Responds To Federal Block
DOJ attorney Shumate said he respectfully disagreed. Additionally, he asked the judge for an opportunity to have a full briefing on the merits of the case, instead of a 14-day restraining order issued blocking its implementation. The Department of Justice later said in a statement that it will “vigorously defend” the president’s executive order. To it, the order “correctly interprets the 14th Amendment of the U.S. Constitution.”
“We look forward to presenting a full merits argument to the Court and to the American people, who are desperate to see our Nation’s laws enforced,” the department said.
The Trump administration has said that the order, signed by the president on Inauguration Day, would only affect those born after Feb. 19. That’s when it is slated to take effect. Therefore, it argued, temporary relief isn’t called for.
#2
Suing State Attorneys Generals Argued These Points
Trump’s order asserts that the children of noncitizens are not subject to the jurisdiction of the United States. It orders federal agencies to not recognize citizenship for children who don’t have at least one parent who is a citizen.
Washington assistant attorney general Lane Polozola argued on behalf of the states. The lawyer labeled the order “absurd” the government’s argument that the children of parents living in the country illegally are not “subject to the jurisdiction” of the United States.
“Are they not subject to the decisions of the immigration courts?” he asked. “Must they not follow the law while they are here?”
He also said the restraining order was warranted for financial reasons. , Trump’s executive order would immediately start requiring the states to spend millions to revamp health care and benefits systems to reconsider an applicant’s citizenship status.
“The executive order will impact hundreds of thousands of citizens nationwide who will lose their citizenship under this new rule,” Polozola said. “Births cannot be paused while the court considers this case.”
#3
Washington Attorney General Nick Brown told reporters afterward he was not surprised that Coughenour had little patience with the Justice Department’s position. The Citizenship Clause arose from one of the darkest chapters of American law, the Supreme Court’s 1857 Dred Scott decision. That ruling held that African Americans, whether enslaved or free, were not entitled to citizenship.
“Babies are being born today, tomorrow, every day, all across this country, and so we had to act now,” Brown said. He added that it has been “the law of the land for generations, that you are an American citizen if you are born on American soil, period. Nothing that the president can do will change that,” he said.
The U.S. is among about 30 countries where birthright citizenship is applied. Most are in the Americas, and Canada and Mexico are among them.
Associated Press reporters Gene Johnson, Mike Catalini and Alanna Durkin Richer contributed to this report.
