Appeals court won’t reinstate Trump’s birthright citizenship order

• A U.S. appeals court blocked President Donald Trump’s executive order, signed on Jan. 20, which denied birthright citizenship to children born in the U.S. to noncitizen parents. The order contradicts the 14th Amendment, which guarantees citizenship to anyone born on American soil.
• Multiple lower courts have issued injunctions blocking the order, and a Seattle-based federal judge has called it “blatantly unconstitutional.”
• The case could advance to the Supreme Court. There, it will test the conservative-leaning court’s interpretation of the 14th Amendment and potentially set a significant legal precedent.

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A federal appeals court upheld an injunction blocking President Donald Trump’s executive order that aims to end birthright citizenship for children born in the U.S. to noncitizen parents. The 9th U.S. Circuit Court of Appeals denied the Justice Department’s request to reinstate the order, marking the first time an appellate court has ruled on this issue.

Lower courts in Maryland, Massachusetts, and New Hampshire have issued similar rulings, with ongoing appeals in these cases.

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Trump signed the order on Jan. 20, directing U.S. agencies to deny citizenship to children born in the U.S. unless at least one parent is a U.S. citizen or lawful permanent resident. Opponents argued the order violates the 14th Amendment, which guarantees citizenship to anyone born on U.S. soil.

What did the appeals court rule?

A three-judge panel of the 9th Circuit upheld a lower court’s nationwide injunction, keeping the order blocked while the case moves forward. The panel included judges appointed by presidents from both parties, reflecting a bipartisan ruling.

Judge Danielle Forrest, a Trump appointee, wrote in a concurring opinion that the Justice Department failed to justify the need for an immediate ruling.

She stated that rapid judicial intervention was unnecessary, writing, “Nor do the circumstances themselves demonstrate an obvious emergency where it appears that the exception to birthright citizenship urged by the Government has never been recognized by the judiciary.”

The decision means the executive order remains unenforceable while the case proceeds, preventing the government from denying citizenship to children born to undocumented parents.

What are the key legal arguments?

The Justice Department contended that courts should reconsider the 14th Amendment’s application in modern immigration policy, arguing that it does not explicitly extend to children of undocumented immigrants. The administration claimed the order corrects what it calls an outdated interpretation of citizenship laws.

Opponents countered that Trump’s order is unconstitutional, pointing to the 1898 Supreme Court ruling in United States v. Wong Kim Ark, which affirmed that nearly all children born on U.S. soil automatically receive citizenship, regardless of parent status.

Will the case reach the Supreme Court?

Legal experts anticipate the case will advance to the Supreme Court.

The DOJ is expected to file an emergency request, asking the justices to lift the injunction. If the case proceeds, it will test the Supreme Court’s interpretation of the 14th Amendment’s citizenship clause.

The Supreme Court previously ruled on the limits of executive authority over immigration, most notably in the Deferred Action for Childhood Arrivals (DACA) case and challenges to the Trump administration’s travel bans.

The ruling could have lasting implications on birthright citizenship and presidential power over immigration policy.

What happens next?

The 9th Circuit scheduled oral arguments for June, meaning the case could remain in litigation for months.

Meanwhile, the executive order remains blocked, and children born in the U.S. continue to receive automatic citizenship under existing law.

If Trump’s administration appeals to the Supreme Court, justices could either agree to hear the case or let lower court rulings stand.

If the order is ultimately struck down, it would mark a major legal defeat for Trump’s immigration agenda.

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Could birthright citizenship be changed in the future?

While executive orders can be reversed by future administrations, altering birthright citizenship would likely require a constitutional amendment. The process demands approval from two-thirds of both the House and Senate, followed by ratification from 38 state legislatures—a politically challenging task.

For now, birthright citizenship remains protected under the 14th Amendment. However, with ongoing legal battles and a conservative-leaning Supreme Court, the debate over Trump’s order is far from over.