A federal appeals court has stopped the Trump administration from enforcing its birthright citizenship order. The First Circuit Court of Appeals rejected the government’s request to lift nationwide injunctions on Tuesday.
Court Rejects Administration’s Appeal
Chief Judge David Barron, a former Obama administration official, wrote the decision. He explained that the ruling only addresses whether the court should pause the lower court’s injunction while the case continues.
“We do not rule on the broader appeal,” Barron stated. “We only consider whether the government’s request for a stay should be granted.”
The court found that the administration did not present a strong enough argument. As a result, the injunction remains in place.
Legal Challenge Over the 14th Amendment
The legal battle focuses on the 14th Amendment, which guarantees citizenship to most people born in the U.S. The amendment, passed in 1868, overturned the Dred Scott decision, which had denied citizenship to enslaved individuals and their descendants.
Trump’s order argued that children born in the U.S. to noncitizens should not receive automatic citizenship. His administration claimed these children were not “subject to the jurisdiction” of the U.S.
Opponents pointed to an 1898 Supreme Court ruling, United States v. Wong Kim Ark. The ruling confirmed that almost all children born on U.S. soil are citizens, except those born to diplomats, foreign invaders, or members of sovereign Native American tribes.
Trump’s Executive Order and Legal Challenges
Trump signed the order on January 20 as part of his immigration policies. He argued that undocumented immigrants should not gain legal status for their children simply by giving birth in the U.S.
“The 14th Amendment does not extend citizenship to everyone born in the United States,” the order stated. “Certain groups are not automatically granted this privilege.”
The order aimed to deny birthright citizenship in two cases:
- When a mother was in the U.S. without legal status and the father was not a citizen or lawful permanent resident.
- When a mother was in the U.S. on a temporary visa, such as for work, study, or travel, and the father also lacked citizenship or permanent residency.
Eighteen states challenged the order, arguing that the president lacked the power to change birthright citizenship by executive order.
What Happens Next?
With the appeals court’s decision, the injunction stays in place. The case will likely continue in higher courts, shaping the future of birthright citizenship in the U.S.
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