Appeals Court Strikes Down Trump’s Birthright Citizenship Order as Unconstitutional

A federal appeals court delivered another setback to President Donald Trump’s push to end birthright citizenship, ruling that his executive order on the issue is unconstitutional and affirming a nationwide injunction against the policy.

The 2-1 decision from the 9th US Circuit Court of Appeals comes just weeks after the Supreme Court instructed lower courts to re-examine injunctions to ensure they were not overly broad. The San Francisco-based court found that the injunction issued by a federal judge in Seattle was appropriate, saying that limiting the order geographically would not protect states from harm.

“The district court correctly concluded that the Executive Order’s proposed interpretation, denying citizenship to many persons born in the United States, is unconstitutional,” wrote Judge Ronald Gould, joined by Judge Michael Hawkins. Both are appointees of President Bill Clinton.

The court stated that the order violated the Constitution’s Citizenship Clause, citing the landmark 1898 Supreme Court case United States v. Wong Kim Ark, which affirmed that children born in the U.S. are citizens regardless of their parents’ status.

This marks the first time an appeals court has explicitly found Trump’s order unconstitutional. The administration may appeal directly to the Supreme Court or request a review by the full 9th Circuit.

Judge Patrick Bumatay, appointed by Trump, dissented in part, arguing that the states who sued lacked standing to bring the case.

Trump’s order remains blocked nationwide, with earlier rulings from federal judges in Seattle and New Hampshire halting enforcement.

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