A federal appeals court ruled Wednesday that the Trump administration cannot move forward with its plan to end birthright citizenship for certain children of immigrants, at least for now.
The 9th U.S. Circuit Court of Appeals rejected an emergency request from the Justice Department, which had asked to lift a previous court ruling blocking Trump’s executive order. The court’s decision means that children born on U.S. soil, regardless of their parents’ immigration status, will continue to receive automatic citizenship while the legal fight continues.
This case is shaping up to be a major battle over immigration policy and could eventually land before the Supreme Court.
For over 150 years, birthright citizenship has been protected under the Fourteenth Amendment, which guarantees U.S. citizenship to anyone born in the country. Trump’s executive order aims to change that, blocking citizenship for children born to undocumented immigrants and certain temporary visa holders.
The Justice Department defended Trump’s order, calling it “an integral part” of his larger effort to reshape immigration policy and address issues at the U.S.-Mexico border. But opponents say the move goes against constitutional protections and exceeds the president’s authority.
“This is not a case about ‘immigration,’” the attorneys general of four states, led by Washington state, wrote in their lawsuit. “It is about citizenship rights that the Fourteenth Amendment and federal statute intentionally and explicitly place beyond the President’s authority to condition or deny.”
The three-judge panel of the 9th Circuit included judges appointed by Trump, Jimmy Carter, and George W. Bush. Their ruling was clear: the administration has not proven that it is likely to win the case on its legal merits.
Judge Danielle Forrest, a Trump appointee, wrote separately to say that the case should not be rushed. She argued that the administration failed to show that there was an “emergency” requiring immediate action.
“Deciding important substantive issues on one week’s notice turns our usual decision-making process on its head,” she wrote. “We should not undertake this task unless the circumstances dictate that we must. They do not here.”
The case will move forward with full arguments in June, making it the first major appellate court ruling on Trump’s birthright citizenship policy. However, given the high stakes, it’s likely that the Supreme Court will ultimately decide the issue.
For now, birthright citizenship remains intact, but the fight is far from over.
