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By Dan Catchpole, Nate Raymond (NOT:)
SEATTLE (Reuters) – A federal judge blocked Donald Trump’s administration on Thursday from implementing the Republican executive’s executive order that curtails citizenship rights in the United States, calling it “unconstitutional.” “
Seattle US District Judge John Coughenour issued a temporary restraining order at the urging of four Democratic-led states – Washington, Arizona, Illinois and Oregon – to prevent the administration from enforcing the order. Trump signed the order on Monday, his first day back in office.
The judge, appointed by former Republican President Ronald Reagan, dealt with the first legal setback to tougher immigration policies that are a central part of Trump’s second term as president.
“Obviously we’re going to appeal,” Trump said of Coughenour’s decision.
The Trump administration’s order had ordered US agencies to deny citizenship to children born in the United States if their mother or father is not a US citizen or legal permanent resident.
“I have difficulty understanding how a member of the bar can state unequivocally that this order is legal,” the judge told a US Justice Department lawyer who advocated for the order. of Trump. “It just blows my mind.”
The states argued that Trump’s order violated the right enshrined in the 14th Amendment to the US Constitution, which provides that anyone born in the United States is a citizen.
“I’ve been on the bench for over forty years. I don’t remember another case where the question was presented as clearly as this one. This is a clearly unconstitutional order,” Coughenour said of the policy. of Trump.
Coughenour’s order, issued after a brief hearing in a packed courtroom with other judges watching, blocks Trump’s plan from being implemented nationwide for 14 days while a judge considers whether to grant first order for a long time.
Under Trump’s order, any children born in the United States after Feb. 19 whose mother and father are not US citizens or legal permanent residents will be deported and will be barred from receiving Social Security numbers, various benefits of government and their capabilities. of legal age.
“Under this order, babies born today are not counted as US citizens,” Deputy Attorney General of Washington State Lane Polozola, referring to Trump’s policy, told the judge during the hearing.
Justice Department spokesman Brett Shumate argued that Trump’s action was constitutional and called any judicial order banning it “improper.” But before Shumate could finish responding to Polozola’s argument, Coughenour said he had signed a temporary restraining order.
‘BE VERY PROTECTED’
The Justice Department plans to file papers next week urging the judge not to issue the lengthy order, Shumate said. A Justice Department spokesman said it plans to continue to “vigorously defend” Trump’s order.
“We look forward to presenting a comprehensive case to the court and to the American people, who are eager to see our country’s laws enforced,” the spokesman said.
Washington Attorney General Nick Brown, a Democrat, said he saw no reason to expect the Justice Department to succeed in overturning Coughenour’s conviction on appeal, even if the matter goes to the US Supreme Court, which the majority their 6-3 which includes three elected judges. by Trump.
“You are an American citizen if you were born on American soil,” Brown said. “Nothing the president can do is going to change that.”
More than 150,000 newborns will be denied citizenship each year if Trump’s order is allowed to stand, according to Democratic-led states.
Since Trump signed the order, at least six lawsuits have been filed challenging it, mostly by civil rights groups and Democratic attorneys general from 22 states.
Democratic attorneys general have said that the Constitution’s understanding of the citizenship clause was confirmed 127 years ago when the United States Supreme Court ruled that children born in the United States to parents who are Non-citizens have the right to become US citizens.
The 14th Amendment, adopted in 1868 after the US Civil War, overturned the Supreme Court’s infamous 1857 Dred Scott decision which had declared that the Constitution’s protections when apply to enslaved Blacks.
In a brief filed late Wednesday, the Justice Department called the order “an important part” of Trump’s efforts “to address this nation’s broken immigration enforcement and the ongoing crisis at the border.” you’re in the south.”
Thirty-six of Trump’s Republican allies in the US House of Representatives on Tuesday separately introduced legislation restricting citizenship to children born to US citizens or legal citizens of forever.