US Appeals Court Rules Trump’s Birthright Citizenship Order Unconstitutional

A U.S. federal appeals court on Wednesday struck down former President Donald Trump’s controversial executive order aimed at restricting birthright citizenship, affirming a lower court’s decision to block the measure nationwide.

The Ninth Circuit Court of Appeals ruled that Trump’s attempt to deny automatic citizenship to children born on U.S. soil to undocumented immigrants or temporary visa holders is unconstitutional and violates the 14th Amendment of the U.S. Constitution.

“We fully agree,” wrote Judge Ronald Gould in the opinion. “The district court correctly concluded that the Executive Order’s proposed interpretation, denying citizenship to many persons born in the United States, is unconstitutional.”

The ruling is the latest chapter in a prolonged legal battle over Trump’s 2019 executive order, which sought to redefine a longstanding constitutional principle that grants citizenship to nearly everyone born in the United States. The 14th Amendment has for more than a century been interpreted to enshrine this right, regardless of parental immigration status.

The appeals court also upheld the validity of a universal injunction issued by a Seattle-based federal judge, countering arguments that such broad judicial actions represent overreach. Trump’s legal team had previously challenged the scope of the injunction, citing a recent Supreme Court opinion that criticized the widespread use of nationwide injunctions by lower courts.

But Judge Gould wrote that limiting the injunction geographically would make it ineffective, especially in cases involving individuals who might move between states. “We conclude that the district court did not abuse its discretion in issuing a universal injunction in order to give the states complete relief,” he said.

The Supreme Court, which currently holds a 6-3 conservative majority, sidestepped a ruling on the constitutional merits of Trump’s order last month, instead focusing narrowly on the scope of nationwide injunctions. Nonetheless, Trump touted that decision as a “giant win,” although it left the door open for class-action lawsuits to halt executive orders.

Earlier this month, a federal judge granted class-action status to all children who could be denied citizenship under the Trump directive and issued a preliminary injunction, keeping the executive order suspended while the case proceeds.

The latest appeals court decision now represents a significant legal setback for one of Trump’s more sweeping immigration policies and reinforces the judiciary’s stance on birthright citizenship as enshrined in the Constitution.

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