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The U.S. Court of Appeals for the Ninth Circuit has rejected an attempt by President Donald Trump to reinstate his executive order aimed at curbing birthright citizenship. The court's decision on Wednesday (February 19) leaves in place a nationwide injunction that blocks the order, which was signed on the day of Trump's inauguration. The order sought to deny birthright citizenship to children of undocumented immigrants and certain foreigners by reinterpreting the 14th Amendment.
The Ninth Circuit's three-judge panel unanimously ruled against the Trump administration's emergency request to lift the injunction, stating that the administration did not make a strong case for success on appeal. Judges William C. Canby Jr. and Milan D. Smith Jr. noted that the administration failed to demonstrate that the injunction was overly broad. Judge Danielle Forrest, in a concurring opinion, emphasized that emergency relief should be rare and that the case did not meet the necessary criteria.
The lawsuit challenging the order was filed by four Democratic-led states, including Washington, Oregon, Arizona, and Illinois. These states argue that birthright citizenship is guaranteed by the 14th Amendment, which grants citizenship to all individuals born on U.S. soil. The Ninth Circuit's decision is the first appellate ruling on the matter, and the case may now proceed to the Supreme Court.
The Trump administration has faced multiple legal challenges to the order, with district courts in Massachusetts, New Hampshire, and Maryland also blocking its implementation. The Department of Justice has characterized the order as part of Trump's broader effort to address immigration issues and national security concerns at the southern border.