An appeals court has rejected the Trump administration's efforts to terminate birthright citizenship for certain children of immigrants, a decision that may escalate the matter to the Supreme Court. The 9th US Circuit Court of Appeals declined an emergency request from the Justice Department to lift a hold placed by a Seattle judge on President Donald Trump's executive order, citing constitutional concerns.
The 9th Circuit panel, consisting of judges appointed by different presidents, including Trump, Jimmy Carter, and George W. Bush, has scheduled further arguments for June to review the case. This case is a significant legal challenge to the policy and is the first to be considered by an appellate panel.
Birthright citizenship, established by an 1868 constitutional amendment, grants citizenship to anyone born on US soil, regardless of their parents' immigration status. Trump's executive order aims to end birthright citizenship for children of undocumented immigrants or those on temporary visas.
The lawsuit leading to the 9th Circuit case was filed by Democratic attorneys general from four states, contesting the administration's attempt to restrict citizenship rights protected by the Fourteenth Amendment and federal statute.
The majority of the 9th Circuit panel ruled against the Trump administration, stating that it had not demonstrated a likelihood of success in the case. Judge Danielle Forrest, a Trump appointee, emphasized that the court should not rush to decide such important issues without a compelling emergency.
The Justice Department argued that the executive order was part of Trump's broader immigration reform efforts to address border security issues. The case is expected to proceed in the 9th Circuit, with potential implications for the broader debate on immigration and citizenship rights.