US Appeals Court Blocks Trump’s Birthright Citizenship Order as Unconstitutional

By Staff, Agencies

A federal appeals court on Wednesday struck down President Donald Trump’s executive order that sought to curtail birthright citizenship, declaring it unconstitutional and blocking its enforcement nationwide.

In a 2-1 ruling, the San Francisco-based 9^th US Circuit Court of Appeals affirmed that Trump’s directive—signed on January 20 upon his return to office—violated the 14^th Amendment, which guarantees citizenship to all persons born or naturalized in the United States.

Trump's order had directed federal agencies to deny automatic citizenship to US-born children whose parents are neither US citizens nor lawful permanent residents. The order quickly faced legal challenges from 22 Democratic-led states and immigrant rights groups.

Writing for the majority, Judge Ronald Gould upheld a previous ruling by Seattle-based District Judge John Coughenour, who called the order “blatantly unconstitutional.”

Gould emphasized that a nationwide injunction was necessary, as limiting it geographically would still force affected states—Washington, Arizona, Illinois and Oregon—to overhaul their public services to accommodate non-citizens born in the US under the challenged policy.

“The court agrees that the president cannot redefine what it means to be American with the stroke of a pen,” said Washington Attorney General Nick Brown.

The ruling follows a June 27 Supreme Court decision limiting the ability of lower courts to issue nationwide injunctions but allowing for exceptions when needed to provide complete relief. The 9^th Circuit concluded such an exception applied in this case.

In dissent, Judge Patrick Bumatay—a Trump appointee—argued that the plaintiff states lacked legal standing and warned against judicial overreach.

The White House criticized the decision. Spokesperson Abigail Jackson said the 9th Circuit “misinterpreted” the 14^th Amendment and expressed confidence that the ruling would be overturned on appeal. The administration may now seek review by the full 9^th Circuit or appeal directly to the Supreme Court.