United States | President Trump’s birthright citizenship Executive Order temporarily blocked

On Jan. 23, a Washington state federal district court judge issued a nationwide temporary restraining order (TRO) against President Trump’s Executive Order (EO) limiting birthright citizenship.

Key Points:

• Judge John C. Coughenour of the U.S. District Court Western District of Washington at Seattle issued a nationwide 14-day TRO against President Trump’s “Protecting the Meaning and Value of American Citizenship” EO signed on Jan. 20, which sought to change the existing criteria for birthright citizenship established by the 14th Amendment of the U.S. Constitution.
• The plaintiff states challenging the EO in the federal district court include Washington, Arizona, Illinois and Oregon.
• The judge found that “there is a strong likelihood that Plaintiffs will succeed on the merits of their claims that the Executive Order violates the Fourteenth Amendment and Immigration and Nationality Act,” and that “the balance of equities tips toward the Plaintiff States and the public interest strongly weighs in favor of entering temporary relief.”
• The TRO does not stop the EO from going into effect as scheduled, but the judge will now consider arguments for a preliminary injunction.

Additional Information: The case is one of multiple lawsuits filed by Democratic attorneys general and immigrant rights organizations challenging the order.

The “Protecting the Meaning and Value of American Citizenship” EO directs agencies not to recognize birthright citizenship for a child born in the U.S. if the father is not a citizen or green card holder and the mother is either in the U.S. unlawfully or in the U.S. lawfully but temporarily. The EO applies to births 30 days after publication.

This alert has been provided by the BAL U.S. Practice Group.

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