Judge blocks executive order to repeal 'born in the US, citizen' law

"This is a blatantly unconstitutional order," US federal judge John Coughenour said during a hearing in Washington state on January 23, regarding a lawsuit to block President Donald Trump's order to revoke birthright citizenship.

The ruling by Judge Coughenour, who was appointed by former President Ronald Reagan, will put the order on hold for 14 days. "Frankly, I cannot understand how a member of the Department of Justice can say unequivocally that this order is constitutional," Judge Coughenour added.

President Trump said his administration would appeal, while the Justice Department said it would defend the executive order as "a correct interpretation of the US Constitution."

"We look forward to presenting our full argument on this matter to the court and the American people, who are eager to see our country's laws enforced," a Justice Department spokesperson said.

Under an executive order signed by President Trump on January 20, just hours after taking the oath of office, the federal government will not issue passports, citizenship certificates or other documents to children whose mothers are in the US illegally or temporarily, and whose fathers are not US citizens or permanent residents.

President Trump’s order, if upheld, would take effect 30 days after it is signed. He acknowledged that the order is likely to face legal challenges.

Attorneys general in 22 states filed a lawsuit on January 21 to block President Trump's executive order, claiming that the move violated the US Constitution. Washington Attorney General Nick Brown criticized Trump's executive order as "un-American".

The Fourteenth Amendment, ratified by the US Congress in 1868, states that “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.” This policy was intended to ensure that the children of slaves brought to the US against their will were recognized as US citizens.

Observers say the language of the 14th Amendment is very clear, affirming that anyone born on US territory automatically becomes a citizen. This right is also known as jus soli, which means "right of the born on the territory".

Since then, this right has applied to every child born in the United States, regardless of whether the child's parents were illegal immigrants or came to the United States on a tourist or student visa.

However, for many years, Mr. Trump and his allies have always considered this "ridiculous regulation" that encourages many people to come to the US illegally or "birth tourism". They emphasize that this right is being abused and the conditions to become US citizens need to be tightened.