A second federal judge has indefinitely blocked former President Donald Trump’s executive order aimed at restricting birthright citizenship, issuing a strong rebuke of the administration’s attempt to impose such a policy during a court hearing on Thursday.
“It has become ever more apparent that, to our president, the rule of law is but an impediment to his policy goals. The rule of law is, according to him, something to navigate around or simply ignore, whether that be for political or personal gain,” stated U.S. District Judge John Coughenour while delivering his ruling.
Coughenour, who was appointed by former President Ronald Reagan, emphasized his commitment to upholding the legal framework. “Nevertheless, in this courtroom and under my watch, the rule of law is a bright beacon which I intend to follow,” he asserted.
Previously, the judge had issued a temporary halt on Trump’s executive order, but that ruling was set to expire on Thursday after two weeks. This time, he granted a nationwide preliminary injunction, effectively blocking the executive order as requested by four Democratic state attorneys general and a group of private plaintiffs.
Coughenour made his decision after hearing arguments for less than 20 minutes. He referenced his past work in the former Soviet Union to underscore the importance of maintaining judicial independence and legal integrity.
“I said this two weeks ago, and I’ll say it again today: There are moments in the world’s history when people look back and ask, ‘Where were the lawyers, where were the judges?’ In these moments, the rule of law becomes especially vulnerable. I refuse to let that beacon go dark today,” he remarked.
The executive order, signed by Trump on his first day in office, sought to limit birthright citizenship so that it would not apply to children born in the U.S. to parents who lacked permanent legal status. The order was among several immigration-related measures introduced in the administration’s early weeks.
Trump’s policy has already been challenged in nine separate lawsuits, with critics arguing that it contradicts long-standing Supreme Court interpretations of the 14th Amendment’s birthright citizenship guarantee, which has been understood to allow only a few exceptions.
“This case turns on the critical phrase ‘subject to the jurisdiction thereof’ in the Citizenship Clause. On that issue, plaintiffs offer a construction of that phrase that is demonstrably and unequivocally incorrect,” contended Drew Ensign, a deputy assistant attorney general, during Thursday’s hearing.
Coughenour’s decision follows a similar ruling by a federal judge in Maryland on Wednesday, who also issued an injunction against the executive order. Additional hearings related to the issue are scheduled to take place in Boston on Friday and Concord, New Hampshire, on Monday as other lawsuits proceed.
The rulings issued this week will remain in effect indefinitely, preventing the enforcement of Trump’s executive order on birthright citizenship until the cases are fully litigated.
However, Coughenour left little doubt regarding his perspective on the legality of the policy.
“The Constitution is not something with which the government may play policy games. If the government wants to change the exceptional American grant of birthright citizenship, it needs to amend the Constitution itself,” he declared.
“That’s how our Constitution works, and that’s how the rule of law works. Because the president’s order attempts to circumscribe this process, it is clearly unconstitutional,” he concluded.