Seattle Federal Judge Blocks Enforcement of Executive Order on Birthright Citizenship

The attorneys-general of Washington State, Arizona, Illinois, and Oregon filed a lawsuit in the U.S. District Court in Seattle on January 23, 2025, seeking to overturn President Donald Trump’s executive order (EO) that prohibited birthright citizenship. Judge John Coughenour declared the EO “blatantly unconstitutional” and enjoined its enforcement. A 14-day temporary restraining order was issued by the judge.

A similar lawsuit was filed in a federal court in Massachusetts by 18 other states. However, a preliminary injunction is not sought in that suit.

The EO directs federal agencies to refuse to recognize U.S. citizenship for children born in the United States to mothers in the country illegally, or who are present in the United States on non-immigrant visas, including work, student, and tourist visas, if the father is not a U.S. citizen or green card holder.

The EO seeks to overturn United States v. Wong Kim Ark, 169 U.S. 649 (1898), a U.S. Supreme Court case over a century old holding that children born in the United States to foreign parents are U.S. citizens under the 14^th Amendment. Issuing an injunction, Judge Coughenour stated: “I have been on the bench for over four decades. I can’t remember another case whether the question presented was as clear.”