Trump’s Executive Order on Birthright Citizenship Faces Legal Challenges
President Donald Trump’s executive order aimed at ending birthright citizenship hit a legal snag as a federal appeals court deemed it unconstitutional on Wednesday. The 9th Circuit Court of Appeals in San Francisco upheld a lower court’s ruling that blocked the nationwide enforcement of the order.
A panel consisting of three judges voted 2-1 against Trump’s initiative, agreeing with District Judge John C. Cornough’s earlier decision from Seattle. The judges noted, “The district court correctly concluded that the proposed interpretation of the executive order denying the citizenship of many individuals born in the United States is unconstitutional.”
Interestingly, while the Supreme Court has restricted lower courts from issuing nationwide injunctions, a majority on the Ninth Circuit found grounds to oppose the executive order due to exceptions recognized by the Supreme Court justices.
In this case, the state filed a lawsuit against the Trump administration, arguing that a national order was essential to prevent complications arising from the potential ban on birthright citizenship in certain states. The judges involved, Michael Hawkins and Ronald Gould, both appointed by former President Bill Clinton, emphasized that the district court was justified in granting a broad injunction to ensure full relief for the state.
On the flip side, Judge Patrick Bumatay, a Trump appointee, raised questions about the state’s legal standing to challenge the administration. He didn’t contest, though, the constitutionality of terminating birthright citizenship.
Regarding the 14th Amendment, which states that anyone born or naturalized in the U.S. is a citizen, Justice Department lawyers argue that this doesn’t necessarily mean that every child born automatically becomes a citizen, depending on the parents’ legal status.
Under Trump’s executive order, children born to parents without legal or permanent status in the U.S. would not qualify for American citizenship. Presently, the Trump administration is contending with at least nine lawsuits across the country that are challenging this executive order.
