Federal judge blocks Trump's executive order on birthright citizenship

On Jan. 23, 2025, a US federal judge in the state of Washington temporarily blocked President Trump’s executive order on birthright citizenship, calling it “blatantly unconstitutional.”

- MICHAEL J. GURFINKEL, ESQ

Under Trump’s proposed executive order, a child born in the US would no longer automatically be a US citizen unless at least one of their parents was either a US citizen or lawful permanent resident at the time of their birth. In particular, a child born to a mother who was out of status or in the US on a temporary nonimmigrant visa would not be a US citizen unless the father was already a US citizen or lawful permanent resident.

The judge was extremely skeptical about the legitimacy of this executive order and was quoted as saying that “I have been on the bench for over four decades. I can’t remember another case whether the question presented was as clear.” The judge further asked, “Where were the lawyers” when the decision was made to sign that executive order, and that it “boggled” his mind that a member of the Bar would believe such an executive order was constitutional.

In his Temporary Restraining Order, the court even said that there “is a strong likelihood that plaintiffs will succeed on the merits of their claims” that the executive order violates the 14th Amendment and the Immigration and Nationality Act.