A United States appeals court on Wednesday ruled that former President Donald Trump’s executive order seeking to restrict birthright citizenship is unconstitutional, upholding a lower court’s decision to block its implementation nationwide.
The Ninth Circuit Court of Appeals found that the executive order violated the 14th Amendment of the US Constitution, which guarantees that anyone born on American soil is automatically a US citizen, regardless of their parents’ immigration status.
Judge Ronald Gould, delivering the opinion of the court, stated that the district judge in Seattle did not overstep by issuing a universal injunction. He noted that a limited injunction would have been ineffective, given the legal complications that would arise from varying rules across different states.
“We conclude that the district court did not abuse its discretion in issuing a universal injunction in order to give the states complete relief,” Gould wrote. He added, “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.”
Trump’s executive order had declared that children born in the US to undocumented immigrants or individuals on temporary visas would not be granted automatic citizenship — a controversial reinterpretation of the Constitution’s 14th Amendment.
The case has faced a prolonged legal battle, with multiple district courts previously halting the enforcement of the order. The Supreme Court, which currently holds a 6-3 conservative majority, recently refrained from ruling on the constitutional merit of the order, focusing instead on the broader issue of nationwide injunctions issued by lower courts.
Despite this, the Supreme Court left the door open for executive orders to be challenged through class-action lawsuits. A federal judge earlier this month granted class-action status to potentially affected children and issued a preliminary halt to the executive order while litigation continues.
