A federal appeals court in San Francisco denied the Trump administration’s request to reinstate a ban on birthright citizenship.
Donald Trump signed an executive order on his first day in office that ordered an end to birthright citizenship for children for whom neither parent is a US citizen or legal permanent resident.
Birthright citizenship is guaranteed by the 14th amendment to the constitution. Civil rights groups argue an end to birthright citizenship would create a “permanent underclass” of stateless people denied basic protections.
The appeals court denied the administration’s request for an emergency appeal, saying that the justice department has not made a strong case that it would succeed on merits. A concurring opinion written by a Trump-appointed judge said the administration had not convinced her it was an emergency.
“It is routine for both executive and legislative policies to be challenged in court, particularly where a new policy is a significant shift from prior understanding and practice,” wrote judge Danielle Forrest.
“And just because a district court grants preliminary relief halting a policy advanced by one of the political branches does not in and of itself an emergency make. A controversy, yes. Even an important controversy, yes. An emergency, not necessarily.”
The appeals court’s decision leaves in place an injunction issued by a federal court in Washington state and sets up a battle at the US supreme court.
The 14th amendment was adopted in 1868 following the supreme court’s notorious Dred Scott decision, which declared that the constitution’s protections did not extend to enslaved Black people.
“To hear the judge from the bench say that in his 40 years as a judge, he has never seen something so blatantly unconstitutional, sets the tone for the seriousness of this effort,” Washington state attorney general Lane Polozola told the media when the order was first blocked.
The appeals court decision issued Wednesday stems from a lawsuit brought by Democratic attorneys general from Arizona, Oregon and Illinois, who together sued on behalf of pregnant women and civil rights groups.
