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Appeals Court Rules Trump’s Birthright Citizenship Order Unconstitutional

Appeals Court Rules Trump’s Birthright Citizenship Order Unconstitutional. Source: Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0, via Wikimedia Commons

President Donald Trump’s renewed effort to restrict birthright citizenship suffered another major defeat after the 1st U.S. Circuit Court of Appeals declared his executive order unconstitutional. The Boston-based appeals court upheld earlier injunctions that blocked Trump’s policy, which aimed to deny citizenship to children born in the United States unless at least one parent is a U.S. citizen or lawful permanent resident.

The three-judge panel unanimously ruled that Trump’s order violated the 14th Amendment of the U.S. Constitution, which guarantees citizenship to anyone born on American soil. Judge David Barron, writing for the court, emphasized that the constitutional language was clear, stating, “It is not difficult, which may explain why it has been more than a century since our government has made such a concerted effort to deny birthright citizenship.”

Trump signed the controversial order on January 20, immediately after returning to office, as part of his hardline immigration agenda. The ruling follows similar decisions from the 9th Circuit Court of Appeals, which in July also upheld a nationwide injunction against the policy. Both courts concluded that the order was inconsistent with the constitutional guarantee of citizenship by birth.

Despite these setbacks, the Trump administration remains committed to defending the order. White House spokesperson Abigail Jackson said the ruling misinterpreted the 14th Amendment and expressed confidence that the Supreme Court would ultimately uphold the policy. The administration has already asked the high court to review related cases, signaling that the fight over birthright citizenship may soon reach its final stage.

While the Supreme Court previously limited the scope of nationwide injunctions, it has not yet ruled on the constitutionality of Trump’s birthright citizenship order. For now, federal judges across multiple states continue to block its enforcement nationwide, ensuring that the principle of birthright citizenship remains intact.

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