UPDATE: Judge blocks Trump's plan to end US birthright citizenship
US District Court Judge John C. Coughenour called Trump's executive order "blatantly unconstitutional" and issued a restraining order blocking it from going into force after a 25-minute hearing.
The case was brought by the states of Washington, Arizona, Illinois and Oregon, which argue the 14th Amendment and Supreme Court case law have cemented birthright citizenship.
"It boggles my mind," Judge Coughenour said of the controversial executive order.
The case is one of five lawsuits being brought by 22 states and a number of immigrants rights groups across the country. The suits include personal testimonies from attorneys general who are US citizens by birthright, and names pregnant women who are afraid their children won’t become US citizens.
The order will be put on hold for 14 days pending further legal proceedings, and the case could end up in front of the US Supreme Court.
Trump, who has issued a range of unilateral actions since returning to the US presidency on Monday, has long vowed to make this particular change.
The judge's order also put a temporary stop to any enforcement of the order by federal agencies.
See previous article published January 22, 2025
Trump ends Birthright Citizenship
VI CONSORTIUM
FREDERIKSTED, St Croix, USVI- Newly inaugurated as the 47th President of the United States, Donald J. Trump on Monday, January 20, 2025, announced a sweeping policy shift poised to have ripple effects nationwide.
USVI to be impacted
One of his first actions as president was the signing an executive order aiming to end birthright citizenship for children born to parents without legal status in the United States. This move seeks to interpret the 14th Amendment, specifically the clause stating citizenship for those "subject to the jurisdiction thereof," to exclude children whose parents are visitors or undocumented immigrants. This will impact the USVI, where the new citizenship criteria will be enforced along with all other U.S. jurisdictions.
Before the executive order, any child born on U.S. soil or in its territories automatically received citizenship, regardless of their parents' legal status. It has been a common practice for non-citizens to travel to the United States to give birth, ensuring their child would acquire American citizenship before returning to their home country. While signing the executive order banning birthright citizenship, President Trump stated that the United States was the only country that allowed this practice.
New Policy
The new policy outlines specific scenarios under which U.S. citizenship will not be granted to individuals born on U.S. soil:
- Parents’ Immigration Status: Citizenship will not be extended to individuals born in the United States if their mother was unlawfully present in the country at the time of birth, and their father was neither a U.S. citizen nor a lawful permanent resident.
- Temporary Legal Status: Individuals whose mother was in the United States under a lawful but temporary status—such as on a student, work, or tourist visa—will not receive automatic citizenship if their father was not a U.S. citizen or lawful permanent resident at the time of their birth.
These restrictions apply only to individuals born in the United States 30 days after the executive order's issuance. The policy does not affect children of lawful permanent residents or others who are already entitled to citizenship.
The executive order mandates that no federal, state, or local agency issue or accept documents recognizing U.S. citizenship for individuals falling under the restricted categories. Federal agencies, including the Department of State, the Department of Homeland Security, and the Social Security Administration, have been directed to align their policies and procedures with the new regulations.
The order requires all federal departments and agencies to issue public guidance within 30 days on how they will implement the new rules. The heads of these agencies are also tasked with ensuring that no personnel act in ways inconsistent with the executive order.
The policy explicitly states that it does not alter the citizenship rights of children born to lawful permanent residents or others who are eligible for U.S. citizenship under existing laws.
The executive action signals a major shift in U.S. immigration policy, as it redefines who qualifies for birthright citizenship. Federal departments and agencies are expected to provide further clarification and guidance on its implementation in the coming weeks.
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77 Responses to “UPDATE: Judge blocks Trump's plan to end US birthright citizenship”
He can’t change the Constitution on his own.
God help us.
Of course BVIslanders will be affected. Once you go to USVI without an American passport you will fall in the category below.
"Temporary Legal Status: Individuals whose mother was in the United States under a lawful but temporary status—such as on a student, work, or tourist visa—will not receive automatic citizenship if their father was not a U.S. citizen or lawful permanent resident at the time of their birth."
I saw him get schooled good in church today. It made me smile
1. Children born to parents that have no work permit, residence or no citizenship cannot get the rights.
2. Children born to parents whose parents whether mother or father are not BVI citizens cannot get rights
3. Children who parents were whether mother or father who were born after 1982 cannot get rights.
4. Children who are born in the bvi after mother or father get citizenship cannot get citizenship.
BVI LAWS FOR CITIZENSHIP:
1. Children born overseas to parents born bvi and grandparents born bvi is entitled for citizenship bit grandparent must be married.
2. Children born overseas to father or mother born bvi before 1982 can get rights.
3. Children who are born overseas to father or mother at the time of birth has citizenship in bvi can get rights.
4. Children born bvi but at time of birth neither mother or father has status can get status by living in the bvi for 10 consecutive years then apply for citizenship through registration.
There are more ways but people have to read up on it. So as you can see the laws of the bvi are more corrupt and unlawful than the United States. So id trump bans this i dont have any quarrel with it cause the BVI is just as wrong as any country that does not want birth right citizenship.
We in the BVI say where you born is where we form but that only applies when its time to vote. Sending away for people giving then belonger status or passports when it suits our needs. Obviously as trump did where you born is not where your form.
Just like the 2nd Amendment (the right to bear arms), it’s not that easy to overturn.
The racist bastard now in the White House can’t simply overturn the Constitution on a cruel and bigoted whim.
GOVERNOR IS IN CHARGE
U can make your VI baby here
According to what I read above it stated it's for parents without any legal status.
The islands are so close. Our families are intertwined. Many of us on this side of the Virgin Islands, have our parents, siblings, grandparents, siblings of our parents, and innumerable cousins, in the the UK Virgin Islands.
It truly is a sad day!
“ Amdt14.S1.1.2 Citizenship Clause Doctrine
Fourteenth Amendment, Section 1:
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.“
Typically, to amend the constitution is a heavy lift requiring a) 66% vote by the House, 66% vote by the Senate, and 75% vote by states Legislatures. Further, some sections of laws, acts,,etc can be challenged as being unconstitutional, eg,,sections of 1965 Voting Rights Act., etc. Moreover, some laws which have been deemed constitutional by a court can be deemed unconstitutional by another court, ie, Roe v. Wade.
Moreover, the surprise, if any, would have if no one challenge the legitimacy of this Executive Order. The case is going to go to SCOTUS and the court will be the final arbiter, unless Congress acts. President Trump wanted this EO to go before SCOTUS where he thinks he has a better chance under “ Official Act” immunity doctrine.