9th Circuit Rules Trump’s Birthright Citizenship Order Unconstitutional
The 9th U.S. Circuit Court of Appeals announced on Wednesday that the executive order limiting birthright citizenship signed by President Donald Trump is “unconstitutional.” This decision supports a previous ruling by a lower court to block the federal order.
On the day of Trump’s inauguration, he introduced an executive order aimed at addressing border issues, particularly targeting the end of birthright citizenship for undocumented immigrants and those with only temporary legal status. After several months of legal challenges, District Court Judge Joseph Laplante, appointed by George W. Bush, issued a nationwide block on July 10.
This ruling from Laplante came just a couple of weeks after the Supreme Court concluded its ability to halt policies from the Trump administration, which opened the door for plaintiffs to file a class action lawsuit against the order.
In a 2-1 vote, the Court of Appeals, led by Justice Ronald M. Gould, deemed the executive order unconstitutional. The opinion mentions, “We conclude that the executive order is invalid because it contradicts the plain language of citizenship grants in the 14th Amendment and the explicit wording stating ‘anyone born in the United States and subject to the jurisdiction thereof.'”
Gould also noted that while the individual plaintiffs involved in a class action case in a different federal court lack jurisdiction over their claims, the state plaintiffs have standing and are likely to prove the executive order’s unconstitutionality. As a result, the court confirmed the preliminary injunction against the order.
This marks the first time the Court of Appeals has intervened in Trump’s birthright citizenship directive. According to reports, the Trump administration may opt to request a review from a full panel in the Ninth Circuit or potentially escalate the matter directly to the Supreme Court.
Judge Patrick Bumatai, appointed by Trump, expressed that the states disputing Wednesday’s ruling and contesting Trump’s orders did not possess the legal standing to bring forth the case.
