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Federal judge to hear lawsuit challenging Trump’s executive order on birthright citizenship

Multistate coalition argues that birthright citizenship is a fundamental right protected by the 14th Amendment.
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After President Donald Trump signed an executive order that could revoke U.S. citizenship for some children born in the U.S., a federal judge will hear a lawsuit filed by multiple states.

U.S. District Judge John Coughenour has scheduled a 10 a.m. PT hearing on Thursday to consider issuing a temporary restraining order against the Trump administration from enforcing the executive order. Coughenour is an appointee of former President Ronald Reagan.

President Trump's executive order is scheduled to go into effect Feb. 19. The order would not impact the legal status of children born prior to Feb. 19, 2025.

Currently, virtually all children born in the U.S. are granted citizenship regardless of their parents' immigration status. The order would revoke citizenship for children of those in the U.S. illegally.

Coughenour is hearing a lawsuit brought by Washington Attorney General Nick Brown. Washington was joined by Oregon, Arizona and Illinois in its suit. Overall, 22 states have filed lawsuits against the Trump administration to stop the order from being enacted.

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The American Civil Liberties Union also filed suit against the Trump administration involving the executive order.

“We started preparing for this scenario more than a year ago,” Washington Gov. Bob Ferguson said. “The excellent team at the Attorney General’s Office is ready to fight this unlawful action, and they will have the full support of my administration.”

The Democratic-led states argue that birthright citizenship is a right for all people born in the U.S. under the 14th Amendment, which was enacted in 1868.

The first section of the 14th Amendment says, "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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

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But President Trump and his allies say that birthright citizenship is a way for migrants in the U.S. illegally to remain in the U.S. if they give birth to a child who becomes a U.S. citizen.