Questions about whether Native Americans born in the United States have birthright citizenship if they aren’t “subject to the jurisdiction” of the U.S. — such as if they live on sovereign tribal land — were raised in a U.S. Justice Department filing this week defending President Donald Trump’s executive order suspending such citizenship.

U.S. District Judge John Coughenour of Seattle, who blocked the order on Thursday, blasted it as “blatantly unconstitutional.”