US Appeals Court Upholds Block on Trump's Order to End Birthright Citizenship
A US federal appeals court has ruled that former President Donald Trump's executive order seeking to end birthright citizenship is unconstitutional. The 9th U.S. Circuit Court of Appeals affirmed a lower court's decision, blocking the administration from denying citizenship to children born in the US to parents who are in the country illegally or on a temporary basis. The ruling is a significant setback for a key policy of the Trump administration and upholds the long-standing interpretation of the 14th Amendment.
Unpacked:
Birthright citizenship is the legal principle that anyone born on U.S. soil is automatically a U.S. citizen, regardless of their parents’ immigration status. The 14th Amendment states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States,” which courts have long interpreted to guarantee this right.
Trump's executive order sought to deny automatic citizenship to children born in the U.S. to parents who are either in the country illegally or present only temporarily (such as on student or tourist visas). It instructed federal agencies not to issue citizenship documents to such children born after February 19, 2025.
Multiple organizations and states, including the ACLU and several legal defense groups, challenged the order. They argued it violated the plain language of the 14th Amendment and would unlawfully strip citizenship rights from children born in the U.S. The courts agreed, stating the order contradicted constitutional guarantees.
While the 9th Circuit’s ruling blocks the order, the government could appeal to the Supreme Court. However, as of now, all enforcement is on hold. Courts have issued nationwide injunctions, and any further implementation would require a successful appeal overturning these decisions.