A federal judge in Seattle has temporarily blocked Donald Trump’s executive order aimed at limiting birthright citizenship, calling it “blatantly unconstitutional.” The order, signed by Trump, seeks to deny citizenship to children born in the U.S. unless at least one parent is a citizen or lawful permanent resident, challenging the 14th Amendment’s long-standing guarantee.

U.S. District Judge John Coughenour issued the restraining order after Democratic attorneys general from Arizona, Oregon, Washington, and Illinois argued the order could strip citizenship from 150,000 newborns annually and cause irreparable harm. “Births cannot be paused while the court considers this case,” attorney Lane Polozola said.

The ruling temporarily halts the policy’s enforcement until February 6, when the judge will consider a preliminary injunction. Trump signaled his intent to appeal, while the Justice Department pledged to defend the order.

Judge in Seattle blocks Trump order on birthright citizenship nationwide | The Seattle Times

The order centers on the 14th Amendment’s “subject to the jurisdiction thereof” clause, with Trump’s team arguing it excludes children of undocumented parents. Legal experts widely dispute the order’s constitutionality, citing the Supreme Court’s 1898 precedent affirming birthright citizenship under jus soli, or “right of the soil.” The case is expected to trigger a lengthy legal battle potentially headed to the Supreme Court.

Plaintiff states contend that denying birthright citizenship would create an underclass of stateless children, depriving them of basic rights like voting and jury service. The lawsuit also highlights the economic and social costs states would bear if the order took effect. As the legal battle unfolds, the ruling marks the first major test of Trump’s controversial reinterpretation of the 14th Amendment.