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Law Firm Blog News | 2025/01/23 09:16

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In a significant legal development, a federal judge has temporarily blocked President Donald Trump's executive order aimed at ending birthright citizenship. This executive order sought to redefine the 14th Amendment's Citizenship Clause, which grants citizenship to all individuals born on U.S. soil. The order specifically targeted children born to undocumented immigrants and those on temporary visas.

On January 23, 2025, U.S. District Judge John C. Coughenour, appointed by President Reagan, issued a temporary restraining order, labeling the executive action as "blatantly unconstitutional." This decision came in response to lawsuits filed by several states and civil rights organizations, which argued that the order violated the 14th Amendment.

The 14th Amendment clearly states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." Legal experts have long interpreted this to mean that anyone born on U.S. soil, regardless of their parents' immigration status, is automatically granted citizenship. The Supreme Court reinforced this interpretation in the 1898 case of United States v. Wong Kim Ark, affirming that the Constitution grants birthright citizenship to almost all children born in the United States.

In response to the ruling, President Trump has indicated his intention to appeal, setting the stage for a potentially prolonged legal battle that could escalate to the Supreme Court. This development underscores the ongoing tensions surrounding immigration policy and constitutional rights in the United States.


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