URGENT UPDATE: A federal appeals court in San Francisco has just upheld a block against President Donald Trump‘s controversial effort to end birthright citizenship. The ruling from the 9th U.S. Circuit Court of Appeals on July 26, 2023, confirms that Trump’s order is unconstitutional, reinforcing a lower court’s decision that halts its enforcement nationwide.
This landmark ruling is the first from an appeals court on this divisive issue, bringing the matter closer to a potential hearing before the Supreme Court. It effectively maintains the block on the Trump administration’s plans to deny citizenship to children born in the U.S. to parents who are undocumented or in the country temporarily.
The court’s majority stated, “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.” This decision preserves a previous ruling by U.S. District Judge John C. Coughenour in Seattle, who characterized Trump’s actions as an attempt to sidestep the Constitution for political purposes.
The implications of this ruling are profound. It affects countless families across the nation, particularly in states like Washington, Arizona, Illinois, and Oregon, where a group of states filed suit to ensure that birthright citizenship remains consistent across the country. They argued that conflicting laws could create chaos and uncertainty for many American families.
The 9th Circuit judges emphasized that the case falls under exceptions the Supreme Court has left open regarding nationwide injunctions. Judge Michael Hawkins and Judge Ronald Gould, both appointed by President Bill Clinton, noted that the lower court did not abuse its discretion in granting a universal injunction to provide the states “complete relief.”
In dissent, Judge Patrick Bumatay, appointed by Trump, raised concerns about the states’ standing to sue, stating, “We should approach any request for universal relief with good faith skepticism.” He did not comment on the constitutionality of ending birthright citizenship.
The Citizenship Clause of the 14th Amendment asserts that all individuals born or naturalized in the U.S., and subject to its jurisdiction, are citizens. Trump’s order challenges this interpretation, asserting that citizenship should not automatically apply to children born to non-citizen parents.
This ruling adds another layer of complexity to an already contentious issue, as at least nine lawsuits have been filed across the country challenging the order. As the nation watches, the next steps will be crucial. Will the Supreme Court take up this matter? What will the implications be for families awaiting clarity on their citizenship status?
Stay tuned for updates on this developing situation that impacts the fabric of American society and the rights of countless individuals and families.
