President Donald Trump announced Thursday that his administration would appeal a federal judge’s ruling that temporarily blocks his executive order seeking to restrict birthright citizenship.
“Obviously, we will appeal it,” Trump said in the Oval Office, responding to the decision by U.S. District Judge John Coughenour, who called the order “blatantly unconstitutional.”
Judge Coughenour, appointed by Republican President Ronald Reagan, issued a 14-day temporary block on the enforcement of Trump’s executive order, signed just hours after the president’s second inauguration. The order attempted to exclude individuals in the U.S. illegally or on visas from being granted citizenship under the 14th Amendment.
“This is a blatantly unconstitutional order,” Coughenour said during the hearing. “In over four decades on the bench, I cannot recall a case where the question presented is as clear as this one.”
The 14th Amendment of the U.S. Constitution, ratified in 1868, guarantees citizenship to anyone born on U.S. soil. It states: “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 Trump administration’s interpretation, however, argues that individuals in the U.S. illegally or on temporary visas are not “subject to the jurisdiction” of the country and, therefore, their children born in the U.S. are excluded from citizenship.
Coughenour strongly criticized the administration’s argument, stating: “I have difficulty understanding how anyone could assert that this is constitutional. It boggles my mind.”
Trump’s executive order has sparked a wave of legal challenges, with lawsuits filed by 22 states, two cities, and numerous civil rights organizations. The ruling was celebrated by critics of the policy, who labeled it unconstitutional and discriminatory.
“No president can change the Constitution on a whim,” Arizona Attorney General Kris Mayes said in response to the ruling. “This decision reaffirms that the rule of law prevails over executive overreach.”
Washington Attorney General Nick Brown described the order as “un-American,” emphasizing that birthright citizenship is a cornerstone of the nation’s identity and legal framework.
Opponents of the executive order have pointed to a landmark 1898 Supreme Court case involving Wong Kim Ark, a San Francisco-born Chinese American. The court ruled that children born on U.S. soil, even to immigrant parents, are citizens under the 14th Amendment.
Despite the legal setback, Trump has remained steadfast, claiming that birthright citizenship is unique to the United States—a claim refuted by experts, who note that over 30 other countries, including Canada and Mexico, also recognize the practice.
The Department of Justice stated its intention to vigorously defend the executive order, promising to present a full argument before the courts and the American public.
