A U.S. federal appeals court has ruled that former President Donald Trump’s executive order restricting birthright citizenship is unconstitutional, siding with a lower court that blocked the order from taking effect nationwide. The ruling reinforces the protection of citizenship rights for those born on U.S. soil, regardless of their parents’ immigration status.
Highlights:
- Trump’s order aimed to deny U.S. citizenship to children of undocumented immigrants
- The court cited the 14th Amendment in declaring the order unconstitutional
- A nationwide injunction issued by a lower court remains in place
- The ruling was issued by the 9th U.S. Circuit Court of Appeals
- Trump may appeal the decision to the Supreme Court
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In January 2025, Donald Trump signed an executive order seeking to end automatic U.S. citizenship for children born in the country to non-citizen or undocumented parents. The move faced immediate legal backlash and was challenged by several states and civil rights groups.
On Wednesday, the 9th U.S. Circuit Court of Appeals ruled 2–1 against the order. The majority opinion stated that the order violated the 14th Amendment, which guarantees citizenship to anyone born on U.S. soil. The judges emphasized that constitutional protections cannot be overridden by presidential action.
The court also upheld a nationwide injunction issued by a lower court, reasoning that limiting the order’s block to a few states would leave many affected individuals vulnerable. The ruling ensures that the policy remains unenforceable across the United States.
One judge, appointed by Trump, dissented arguing that the states lacked the legal standing to sue and that the use of nationwide injunctions should be more limited. However, the majority stood firm on the need to protect constitutional rights uniformly.
Trump’s legal team is expected to seek a review of the ruling, either through an en banc session in the same circuit or directly at the Supreme Court. The case could become a defining legal test for presidential authority and the enduring power of the 14th Amendment.
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