DOJ Responds to Injunction from Washington State Judge Blocking Birthright Citizenship Executive Order
On January 20, 2025, President Donald J. Trump issued an Executive Order addressing what it means to be “subject to the jurisdiction” of the United States. See Exec. Order No. 14160, Protecting the Meaning and Value of American Citizenship (Citizenship EO or EO). That EO recognizes that the Constitution does not grant birthright citizenship to the children of aliens who are unlawfully present in the United States or the children of aliens whose presence is lawful but temporary.
Immediately, Washington State applied for an emergency injunction which was granted by a judge. The DOJ, now under the Trump administration, has filed a response to the court requesting the injunction be removed. [SEE Response HERE]
With everything going on I have not yet had time to sit down and read the full response. However, I am told by people close to the issue that the response is well articulated, grounded in constitutional law and solid.
Due to the subject matter, this case is likely on track to reach the Supreme Court for a historic ruling. The timing will depend on how the DOJ responds to further litigation and judicial decisions. Inevitably, this is going to be a case that Attorney General Pam Bondi will have to engage with.
The issue of birthright citizenship is somewhat of an uphill battle for the Trump DOJ. However, the core issue is not complicated, can a child gain citizenship through the process of birth to illegal alien parents simply by being located in the USA at time of birth?
Can national citizenship be granted despite non-legal status of the parents and despite non-approval of the nation state? That’s the core issue behind birthright citizenship.
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