District Court Judge Issues a Temporary Restraining Order on Executive Order Regarding Birthright Citizenship
On January 23, 2025, U.S. District Court Judge John C. Coughenour issued a temporary restraining order, blocking an executive order by President Donald Trump that was aimed to end birthright citizenship for children born in the United States to undocumented immigrants, as well as those who are here on temporary stay visas. This ruling halts the executive order for 14 days, giving both sides time to make further legal arguments.
Trump’s executive order was part of a broader effort by him to curb illegal immigration and limit the number of undocumented immigrants in the U.S. Specifically, the executive order aimed to reinterpret the 14th Amendment of the Unites States Constitution, which guarantees citizenship to anyone born on U.S. soil. The order sought to prevent children of undocumented immigrants, as well as those who are born to foreign nationals, who are here legally on various work, study, or travel visas, from automatically receiving U.S. citizenship, arguing that the 14th Amendment’s guarantee of citizenship was not intended to apply to the children of non-citizens.
The judge in this case, cited concerns about the constitutionality of such a broad executive order and the potential harm to U.S.-born children and their families if the executive order were to take effect immediately. Judge Coughenour scheduled another hearing for February 6, 2025, to hear further arguments and decide whether to issue a preliminary injunction, which would result in a long-term halt on this executive order while the case proceeds. While this temporary restraining order is in place, U.S born children will continue to be considered as U.S. citizens regardless of their parents’ immigration status. (Exception: children of foreign diplomats who are not subject to U.S. jurisdiction).
As this matter is subject to further updates, we encourage our readers to check the website regularly for updates regarding this and all matters regarding immigration law. Pasricha & Patel’s immigration department has extensive experience in handling business and personal immigration matters. Our team is happy to speak to you on your specific issues.