DOJ appeals block of birthright citizenship executive order

(The Hill) — The Department of Justice (DOJ) has appealed a federal judge's order indefinitely blocking President Trump's executive order that would restrict birthright citizenship.

In a short notice Thursday night, the government said it would appeal the nationwide preliminary injunction U.S. District Judge John Coughenour granted earlier Thursday at the request of four Democratic state attorneys general and a group of private plaintiffs. 

The appeal will be heard by the U.S. Court of Appeals for the 9th Circuit. It's the first Justice Department appeal of a lawsuit challenging major Trump administration actions.

Trump's executive order scaling back birthright citizenship was signed on his first day back in office, one of several immigration actions taken in the administration's early weeks. It would narrow birthright citizenship to no longer extend to children born on U.S. soil to parents without permanent legal status.

Coughenour, an appointee of former President Reagan, excoriated the administration's effort to redefine the 14th Amendment's birthright citizenship guarantee, which the Supreme Court has long afforded slim exceptions.

“It has become ever more apparent that, to our president, the rule of law is but an impediment to his policy goals," the judge said. "The rule of law is, according to him, something to navigate around or simply ignore, whether that be for political or personal gain."

"Nevertheless, in this courtroom and under my watch, the rule of law is a bright beacon which I intend to follow,” he continued.

Coughenour's order followed a nearly identical injunction granted by a federal judge in Maryland on Wednesday, which also remains in effect indefinitely. The executive order has already drawn nine lawsuits; hearings on matters in Boston and Concord, N.H., are expected in coming days.