The 9th U.S. Circuit Court of Appeals has rejected the Trump administration's attempt to lift a nationwide injunction against an executive order targeting birthright citizenship. Issued by President Trump on January 20, the order directed U.S. agencies to deny citizenship to children born in the United States after a specified date if neither parent was a U.S. citizen or lawful permanent resident. A Seattle federal judge had blocked the order, deeming it unconstitutional.
Judge John Coughenour initially granted a temporary restraining order on January 23, which he subsequently extended to an indefinite preliminary injunction. The order faced legal challenges from four Democratic-led states—Washington, Arizona, Illinois, and Oregon—arguing that it violated the citizenship clause of the 14th Amendment. This amendment guarantees birthright citizenship regardless of a child's parents' immigration status, a principle upheld by the U.S. Supreme Court in the 1898 United States v. Wong Kim Ark decision.
The Trump administration contended that the executive order was not an amendment to the Constitution but merely an administrative directive. Despite these arguments, the appeals court declined to suspend the injunction, allowing it to remain in effect. The case is set for arguments in June, with implications that could affect over 150,000 children born annually in the United States, according to state attorneys general.
Further complicating matters, courts in Maryland, Massachusetts, and New Hampshire have also blocked the executive order. The legal battle over the order may eventually reach the U.S. Supreme Court for a final decision.
Leave a Reply