Birthright citizenship: Donald Trump says will ‘obviously’ appeal ruling on ‘blatantly unconstitutional’ executive order

US President Donald Trump said Thursday that his administration would appeal a federal judge's ruling that temporarily blocked his executive order on the birthright citizenship. "Obviously we will appeal it," Trump was quoted by Reuters and AFP as telling reporters in the Oval Office.

What is birthright citizenship order?

Under the birthright citizenship order signed by Donald Trump on Monday, children born in the US—without at least one parent who is a citizen or lawful permanent resident—are no longer extended automatic US citizenship.

It also stops federal agencies from issuing or recognising relevant documentation proving US citizenship for such children. The order targets children born to both unauthorised immigrants and people who are legally in the US on temporary visas.

"Under this order, babies being born today don't count as US citizens," Washington state Assistant Attorney General Lane Polozola, referring to Trump's policy, told the judge during the hearing.

‘Blatantly unconstitutional’

Washington state District Judge John Coughenour said the president's executive order to restrict birthright citizenship was “blatantly unconstitutional.”

"I am having trouble understanding how a member of the bar could state unequivocally that this order is constitutional," the judge told a US Justice Department lawyer defending Trump's order. “It just boggles my mind,” the judge was quoted by Reuters as saying.

"I've been on the bench for over four decades. I can't remember another case where the question presented is as clear as this one. This is a blatantly unconstitutional order," Coughenour said of Trump's policy.

Birthright citizenship: What happened in court?

Coughenour issued a temporary restraining order at the urging of four Democratic-led states — Washington, Arizona, Illinois and Oregon — preventing the administration from enforcing the order.

The states argued that Trump's order violated the right enshrined in the citizenship clause of the US Constitution's 14th Amendment that provides that anyone born in the United States is a citizen.

Justice Department lawyer Brett Shumate argued that Trump's action was constitutional and called any judicial order blocking it "wildly inappropriate."

But the order passed by the judge prevented Trump's policy from being enforced nationwide for 14 days while the judge considers whether to issue a long-lasting preliminary injunction. He will hear arguments over whether to do so on February 6.

What happens next?

While Trump will "obviously" appeal Coughenour's ruling, the Justice Department plans to file papers next week to urge the judge not to issue a longer injunction, the lawyer said. A Justice Department spokesperson said it plans to continue to "vigorously defend" Trump's order.

"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 spokesperson said.