Trump’s executive order challenging birthright citizenship faces first legal test in Seattle court

The lawsuit is one of at least five separate lawsuits that have been filed against the executive order.

Published: January 23, 2025 9:07am

A federal judge in Seattle will consider a request Thursday from four Democratic-led states to issue a temporary restraining order against President Donald Trump’s executive order limiting birthright citizenship. 

The request is being made by Arizona, Illinois, Oregon and Washington.

The lawsuit is one of at least five separate lawsuits that have been filed against the executive order, ABC News reports, including one lawsuit from 18 Democratic attorneys general.

Also on Thursday federal judge in Maryland is holding a hearing by telephone, according to ABC News, in a lawsuit filed by two nonprofit groups and five pregnant undocumented immigrants. 

Trump’s executive order argues the 14th Amendment excludes birthright citizenship to persons born in the U.S., but who are “not subject to the jurisdiction thereof.” That includes, according to the order, individuals born to mothers who are not lawfully present in the U.S. and whose father is not a U.S. citizen or lawful permanent resident. 

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