No, the U.S. is not the only country with birthright citizenship

On his first day in office on Monday, Jan. 20, President Donald Trump signed an executive order aimed at ending birthright citizenship, or automatic citizenship for children born in the U.S. regardless of their parent’s legal status.

Birthright citizenship is granted under the 14th Amendment of the U.S. Constitution, which says in part, “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.”

SEATTLE — A federal judge on Thursday temporarily blocked President Donald Trump’s executive order denying U.S. citizenship to the children of parents living in the country illegally, calling it “blatantly unconstitutional” during the first hearing in a multi-state effort challenging the order.

The 14th Amendment to the Constitution promises citizenship to those born on U.S. soil, a measure ratified in 1868 to ensure citizenship for former slaves after the Civil War. But in an effort to curb unlawful immigration, Trump issued the executive order just after being sworn in for his second term on Monday.

The order would deny citizenship to those born after Feb. 19 whose parents are in the country illegally. It also forbids U.S. agencies from issuing any document or accepting any state document recognizing citizenship for such children.

Trump’s order drew immediate legal challenges across the country, with at least five lawsuits being brought by 22 states and a number of immigrants rights groups. A lawsuit brought by Washington, Arizona, Oregon and Illinois was the first to get a hearing.

“I’ve been on the bench for over four decades. I can’t remember another case where the question presented was as clear as this one is,” U.S. District Judge John Coughenour told a Justice Department attorney. “This is a blatantly unconstitutional order.”

Thursday’s decision prevents the Trump administration from taking steps to implement the executive order for 14 days. In the meantime, the parties will submit further arguments about the merits of Trump’s order. Coughenour scheduled a hearing on Feb. 6 to decide whether to block it long term as the case proceeds.

Coughenour, 84, a Ronald Reagan appointee who was nominated to the federal bench in 1981, grilled the DOJ attorney, Brett Shumate, asking whether Shumate personally believed the order was constitutional.

“I have difficulty understanding how a member of the bar could state unequivocally that this is a constitutional order,” he added.

Shumate assured the judge he did — “absolutely.” He said the arguments the Trump administration is making now have never previously been litigated, and that there was no reason to issue a 14-day temporary restraining order when it would expire before the executive order takes effect.

The Department of Justice later said in a statement that it will “vigorously defend” the president’s executive order, which it said “correctly interprets the 14th Amendment of the U.S. Constitution.”

“We look forward to presenting a full merits argument to the Court and to the American people, who are desperate to see our Nation’s laws enforced,” the department said. The U.S. is among about 30 countries where birthright citizenship — the principle of jus soli or “right of the soil” — is applied. Most are in the Americas, and Canada and Mexico are among them.

The 14th Amendment was ratified in 1868, in the aftermath of the Civil War, to ensure citizenship for former slaves and free African Americans. It states: “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.”

Trump’s order asserts that the children of noncitizens are not “subject to the jurisdiction” of the United States, and therefore not entitled to citizenship.

Arguing for the states on Thursday, Washington assistant attorney general Lane Polozola called that “absurd,” noting that neither those who have immigrated illegally nor their children are immune from U.S. law.

“Are they not subject to the decisions of the immigration courts?” Polozola asked. “Must they not follow the law while they are here?”

Polozola also said the restraining order was warranted because, among other reasons, the executive order would immediately start requiring the states to spend millions to revamp health care and benefits systems to reconsider an applicant’s citizenship status.

'Not my job': Sheriff vows Las Vegas Police will not assist with Trump's illegal immigration 'roundups'

“The executive order will impact hundreds of thousands of citizens nationwide who will lose their citizenship under this new rule,” Polozola said. “Births cannot be paused while the court considers this case.”

After President Donald Trump's return to the White House and swift, sweeping actions to crack down on illegal immigration, the head of the Las Vegas Metropolitan Police Department (LVMPD), Sheriff Kevin McMahill, doubled down on a policy guiding officers to limit cooperation with Immigration and Customs Enforcement (IC) and not assist with federal immigration "roundups."

The department emphasized its policy of not investigating immigration violations, according to a statement posted on X Tuesday. The department said its statement was in response to "questions regarding immigration enforcement." The policy, which was instituted during the first Trump administration in 2019 and then amended in 2023, states that "although Nevada peace officers have the authority to assist in enforcing federal laws, LVMPD officers will not enforce immigration violations." And "officers will not stop and question, detain, arrest, or place an immigration hold on any individuals on the grounds they are an undocumented immigrant.

"It is the policy of this department to recognize the dignity of all persons, regardless of their national origin or immigration status," the policy states. "LVMPD is committed to community-oriented policing as a strategy that focuses on developing relationships with community members regardless of the immigration status of a suspect or victim."

According to the LVMPD policy, the department "will share criminal intelligence regarding transnational organized crime and international terrorism with any and all law enforcement agencies to include ICE."

The policy further states that the department will also notify ICE when a foreign-born individual is arrested and charged with a violent felony, domestic violence or driving under the influence at the time of booking and release.

However, the LVMPD policy says that the department "will not delay the release of an inmate for ICE" and will release a migrant "if ICE is not present at the time of the inmate’s release."

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