Court blocks Trump’s ‘unconstitutional’ attempt to end birthright citizenship – as it happened
A federal appeals court has blocked former President Donald Trump’s attempt to end birthright citizenship, ruling the executive order as unconstitutional and upholding a nationwide injunction that prevents its enforcement. The majority of a three-judge panel of the Ninth U.S. Circuit Court of Appeals found that Trump’s order contradicts the clear language of the 14th Amendment, which guarantees U.S. citizenship to persons born in the country regardless of their parents’ immigration status.
The ruling maintains birthright citizenship for all children born in the U.S. as per the 14th Amendment, regardless of whether their parents are in the U.S. legally, illegally, or temporarily.
The order had sought to exclude children born to certain non-citizen parents (including undocumented immigrants and temporary residents) from citizenship, but the court found this interpretation unconstitutional.
The court reaffirmed earlier district court decisions that blocked the order, noting the nationwide injunction is necessary to prevent legal contradictions if birthright citizenship is treated differently across states.
There was a dissent: One judge disagreed, asserting that the states challenging the order may not have legal standing, but the majority held that the threat to the states justified broad relief.
The Biden administration and Department of Justice did not issue immediate comment following the decision.
This case now moves closer to possible review by the Supreme Court, but as of now birthright citizenship remains fully protected for all children born on U.S. soil.
