Federal Appeals Court Upholds Birthright Citizenship, Blocks Trump’s Order
By Lindsay Whitehurst and Hallie Golden, Associated Press
A three-judge panel from the 9th U.S. Circuit Court of Appeals in San Francisco ruled Wednesday that President Donald Trump’s attempt to end birthright citizenship is unconstitutional. This decision affirms a lower court’s ruling, preventing the enforcement of Trump’s order nationwide.
The ruling follows a federal judge’s earlier decision in New Hampshire, marking the first appeal court review on this matter and potentially setting the stage for the Supreme Court’s involvement. The majority opinion praised the lower court’s conclusion that Trump’s interpretation of citizenship violates the Constitution, specifically the Citizenship Clause of the 14th Amendment.
Judge Michael Hawkins, appointed by Bill Clinton, argued that the states—Washington, Arizona, Illinois, and Oregon—needed a nationwide injunction to avert chaos that could arise from inconsistent citizenship laws across states. However, Judge Patrick Bumatay, appointed by Trump, dissented, questioning the states’ legal standing to pursue the case.
Trump’s order sought to deny citizenship to children born in the U.S. to undocumented or temporarily legal immigrants, contradicting historical precedents affirming birthright citizenship since a key Supreme Court ruling in 1898. This decision adds to a growing number of ongoing lawsuits challenging the order.
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