The US appeals court has upheld a ruling blocking President Donald Trump from ending automatic birthright citizenship nationwide. The court rejected the Trump administration’s request for an emergency order, putting a hold on a nationwide injunction issued by a federal judge in Seattle. This is the first time an appellate court has weighed in on Trump’s executive order on birthright citizenship, which may ultimately be decided by the US Supreme Court. Trump’s order directed US agencies to refuse to recognize the citizenship of children born in the US if neither parent was a citizen or lawful permanent resident.
The appeals court declined to set aside the ruling by Judge John Coughenour, who declared Trump’s policy unconstitutional and issued a nationwide injunction at the request of four Democratic-led states. The case has been set for arguments in June. Trump-appointed Judge Danielle Forrest warned against a rapid ruling, stating it could erode public confidence in judges and emphasized the importance of reaching decisions free from ideology or political preferences. The panel included two other judges, one appointed by a Democratic president and the other by a Republican president.
The White House and Justice Department did not immediately comment on the ruling. Several lawsuits have been filed by Democratic state attorneys general and immigrant rights advocates alleging that Trump’s executive order violates the 14th Amendment of the US Constitution, which guarantees birthright citizenship to anyone born in the US. The 1898 Supreme Court ruling in United States v. Wong Kim Ark affirmed this interpretation of the 14th Amendment, regardless of the immigration status of the child’s parents.
Judge Coughenour, appointed by former President Ronald Reagan, was the first to block Trump’s order, stating that it was blatantly unconstitutional. The ruling came in response to a lawsuit by Democratic-led states and pregnant women from several states. Coughenour extended the temporary restraining order into an indefinite preliminary injunction. During a February hearing, he criticized the Trump administration for attempting to deny children born in the US their fundamental right to citizenship through an executive order, which he believed was effectively a constitutional amendment.
If allowed to stand, Trump’s order would impact more than 150,000 children born in the US annually, according to the state attorneys general. The fate of the birthright citizenship issue may ultimately be decided by the US Supreme Court. Trump’s executive order, signed on his first day back in office, has faced opposition from multiple judges in different states, with appeals already underway in some cases. The legal battles over this policy decision reflect larger debates about immigration policy and the interpretation of constitutional rights in the US.
