A federal appeals court has rejected Donald Trump’s executive order seeking to end automatic birthright citizenship for children of immigrants born in the United States. The decision, delivered by the 9th U.S. Circuit Court of Appeals, keeps intact the long-standing interpretation of the 14th Amendment, which grants citizenship to all individuals born on U.S. soil.
This ruling marks a significant legal setback for the Trump administration, which had argued that the change was necessary to address immigration concerns. With multiple legal challenges already underway, the fate of birthright citizenship may now be determined by the U.S. Supreme Court.
Appeals Court Upholds Constitutional Protections
The 9th Circuit Court of Appeals, based in San Francisco, ruled against the Trump administration’s request for an emergency stay, which would have allowed the executive order to take effect while legal battles continued. Instead, the panel of three judges decided that the administration had failed to demonstrate an urgent need for intervention.
The ruling follows a lawsuit filed by four Democratic-led states, including Washington, arguing that birthright citizenship is explicitly protected under the 14th Amendment. According to the court, the executive order exceeded presidential authority, as citizenship laws are established through the Constitution and federal statutes rather than executive action.
The panel consisted of judges appointed by three different presidents—Jimmy Carter, George W. Bush, and Donald Trump—reflecting a bipartisan judicial review. The decision aligns with previous rulings in Maryland, Massachusetts, and New Hampshire, where judges have also blocked the order from taking effect.
Supreme Court Could Decide the Future of Birthright Citizenship
The Justice Department has indicated that it will appeal the decision, raising the possibility that the U.S. Supreme Court will ultimately determine the future of birthright citizenship. Legal experts suggest that a ruling from the nation’s highest court could set a precedent for future immigration policies.
Trump’s executive order, signed on January 20, directed federal agencies to deny citizenship to children born in the U.S. after a specific date unless at least one parent was a U.S. citizen or lawful permanent resident. According to the Justice Department, this measure is part of a broader strategy to reform immigration laws and curb illegal border crossings.
Opponents argue that the order contradicts constitutional principles and could lead to legal uncertainty for thousands of individuals. The 14th Amendment, ratified in 1868, states that “all persons born or naturalized in the United States” are granted citizenship.
Legal scholars emphasise that altering this right would likely require a constitutional amendment rather than an executive directive.
