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President Donald Trump’s attempt to end birthright citizenship through an executive order faced a setback as a federal appeals court deemed it unconstitutional on Wednesday.
The 9th U.S. Circuit Court of Appeals in San Francisco upheld a lower court’s ruling that blocked the nationwide implementation of the executive order, which aimed to deny citizenship to babies born to individuals illegally or temporarily residing in the U.S.
A three-judge panel voted 2-1 against Trump’s proposal, affirming the decision made by U.S. District Judge John C. Coughenour in Seattle.
“The district court correctly concluded that the Executive Order’s proposed interpretation, denying citizenship to many persons born in the United States, is unconstitutional. We fully agree,” the majority stated.
Despite restrictions on nationwide injunctions by the Supreme Court, the 9th Circuit majority found an exception in this case, leading to their decision against the executive order.
States brought the case against the Trump administration, arguing that a nationwide injunction was necessary to prevent complications arising from the outlawing of birthright citizenship in certain states.
Judges Michael Hawkins and Ronald Gould, appointed by former President Bill Clinton, supported the district court’s decision to issue a universal injunction for complete relief to the states.
Judge Patrick Bumatay, a Trump appointee, dissented, stating that states lacked the legal right to sue the administration over this issue.
The 14th Amendment’s Citizenship Clause declares that individuals born or naturalized in the U.S. are American citizens, but the Department of Justice contends that automatic citizenship based solely on birth location is not guaranteed.
President Trump’s executive order aimed to withhold American citizenship from children born to a mother without legal or permanent status in the U.S., and whose father lacks legal or permanent status.
The Trump administration is currently facing multiple lawsuits challenging the executive order across the country.
The Associated Press contributed to this report.
