Fed. Judge issues order delaying stop on birthright citizenship

OLYMPIA — A Seattle-based federal judge granted a request from the Washington Attorney General’s Office for a temporary restraining order to delay an executive order that could reinterpret the rules of birthright citizenship issued by President Donald Trump. U.S. District Court Judge John Coughenour issued the restraining order Thursday, two days after the AG’s office had filed suit. 

As of Thursday, 22 organizations, including Washington, two cities and the American Civil Liberties Union have filed lawsuits against the executive order, which was issued Monday. The definition of citizenship in the 14th Amendment to the U.S. Constitution mandates that all people born or naturalized in the U.S., and subject to U.S. jurisdiction, are citizens. The executive order argues that people in the U.S. temporarily, or who are undocumented, are not subject to U.S. jurisdiction, and therefore children born to those people are not automatically U.S. citizens, according to the wording of the EO. 

In court filings asking for the restraining order, the Washington Attorney General’s Office argued that the lawsuit is likely to succeed. It was filed in conjunction with the states of Oregon, Arizona and Illinois.  

“In granting the attorney general’s motion, the court agreed the states’ lawsuit is likely to prevail on the merits of their cases,” newly-sworn-in Washington Attorney General Nick Brown said in a statement released after the decision. 

“Birthright citizenship makes clear that citizenship cannot be conditioned on one’s race, ethnicity or where their parents came from,” Brown said. 

In the press conference announcing the suit, Brown argued that the executive order was unconstitutional, partly because Trump acted unilaterally.  

“What is not in the Constitution is anything saying the President has the authority to decide who is granted citizenship,” he said.   

The state contends, he said, that the executive order not only violates the 14th Amendment but provisions of federal immigration law from 1940. Federal courts consistently have ruled in favor of birthright citizenship, he said.  

“Birthright citizenship has been the law in this country for over 150 years,” Brown said. “At its heart, our case is about the meaning and value of American citizenship.” 

Brown estimated the order would affect about 150,000 people born in the U.S. each year.  It would affect both Washington residents and the state’s ability to provide services to them, he said.  

“(The restraining order was requested) to block any federal agency from relying on the order to deny citizenship to babies born in our state,” he said. 

Kelley Payne, senior public information officer for the Washington House Republican caucus, said most members have decided not to comment on national issues. Alex Ybarra, representative for the 13th District, is among them. 

“He’s not going to comment at this time,” said Derrick Daniels, Ybarra’s legislative assistant. 

Dan Newhouse, Representative for the Fourth Congressional District, did not have a statement on the executive order as of press time.  

Fourteenth Amendment to the U.S. Constitution 

Section 1. 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.