Ninth Circuit Court of Appeals rules presidential order ‘very likely unconstitutional,’ halts enforcement nationwide
A US federal appeals court on Wednesday blocked President Donald Trump’s executive order seeking to end birthright citizenship, ruling the move is “very likely unconstitutional” and cannot be enforced while litigation is ongoing.
In a 2–1 decision, the Ninth Circuit Court of Appeals upheld a lower court ruling and maintained a nationwide injunction against the order, which was set to take effect on July 27.
The states of Washington, Arizona, Illinois and Oregon filed the lawsuit, arguing that the executive action would lead to a drop in population counts and result in reduced federal funding.
“The district court correctly concluded that the Executive Order’s proposed interpretation, denying citizenship to many persons born in the United States, is unconstitutional. We fully agree,” the court’s majority said in its opinion.
A separate federal judge had also barred the enforcement of the order against a nationwide class of individuals, including all newborns in the country to noncitizen parents.
Trump signed the executive order in January, aiming to redefine the interpretation of the 14th Amendment’s Citizenship Clause and end the automatic granting of citizenship to children born in the US to undocumented or temporary-status immigrants.
Multiple courts have since blocked the order, citing longstanding legal precedents and constitutional protections.
