Justice Department seeks to appeal after another judge halts Trump’s birthright citizenship directive within two days.

SEATTLE — In a significant development regarding birthright citizenship, a second federal judge has temporarily halted President Donald Trump’s initiative aimed at terminating automatic citizenship for children born in the U.S. to undocumented parents. The judge criticized the administration’s actions as politically motivated and unconstitutional.

U.S. District Judge John C. Coughenour delivered his ruling on Thursday in Seattle, linking it to ongoing lawsuits brought forth by four states and an immigrant rights group. His injunction followed a similar decision made by a federal judge in Maryland, which addressed the rights of pregnant women and immigrant advocacy groups.

Currently, the executive order proposed by the president is under suspension. Just two weeks prior, Judge Coughenour issued a temporary restraining order preventing the order’s implementation, labeling it “blatantly unconstitutional.”

On Wednesday, Judge Deborah Boardman in Maryland further reinforced this suspension with a long-term injunction, ensuring that the matter remains on hold while the lawsuits are adjudicated, unless the Trump administration successfully appeals.

After a hearing on Thursday, Judge Coughenour — who has served since 1980 and was appointed by Ronald Reagan — issued his own injunction, asserting that the president was seeking to amend the 14th Amendment for political purposes. “To him, the rule of law is something to circumvent for personal or political gain,” Coughenour remarked. “In this courtroom, the rule of law is definitive, and I intend to uphold it.”

Following this ruling, the Justice Department immediately filed an appeal to the 9th U.S. Circuit Court of Appeals while it appeared they had yet to contest the Maryland ruling in the 4th Circuit.

A broader assessment reveals that 22 states, in addition to various organizations, are challenging the exective action. They argue that if implemented, the order could segregate families, leading to a substantial population without citizenship.

The Seattle case now involves Arizona, Illinois, Oregon, and Washington, which are joined by the Northwest Immigrant Rights Project representing a class of expectant parents who reside in the U.S. unlawfully. Additionally, 18 states, led by Iowa, have submitted a supportive brief for the Trump administration’s arguments.

Another hearing is anticipated on Friday in a Massachusetts court, involving a different group of 18 states led by New Jersey suing against the order. Additionally, the American Civil Liberties Union has a separate case set before a federal judge in New Hampshire on Monday.

The crux of the legal disputes revolves around the 14th Amendment, ratified in 1868 post-Civil War, which assures citizenship to anyone born or naturalized in the U.S. and under its jurisdiction.

The Trump administration has contended that noncitizens are not “subject to the jurisdiction” of the U.S. and, therefore, their children born in the country do not qualify for citizenship. In response to the claims from Maryland plaintiffs, the government argued against what they deemed a “windfall clause” that granted citizenship to the offspring of individuals who have evaded federal immigration laws.

Opponents of this argument have labeled it absurd, pointing out that undocumented immigrants must pay taxes and abide by U.S. laws. Furthermore, men aged 18 to 26 residing illegally are still required to register for the Selective Service System, meaning they could be drafted to serve in military conflicts.

“It’s utterly nonsensical to state that an individual who can be conscripted into service is not subjected to U.S. jurisdiction,” stated Matt Adams, legal director for the Northwest Immigrant Rights Project, addressing Judge Coughenour.

The original intent of the 14th Amendment has been acknowledged since its ratification, notably within the 1898 Supreme Court ruling in United States v. Wong Kim Ark. According to this ruling, the only children exempt from automatic citizenship through birth in the U.S. are those born to diplomats, enemies occupying the country, individuals born on foreign vessels, and members of recognized sovereign Native American tribes.

In 1924, Congress further established birthright citizenship for Native Americans. The U.S. remains one of approximately 30 countries that practice this principle of jus soli, or the “right of the soil,” a policy prevalent primarily within the Americas, with Canada and Mexico also included.