The 9th US Circuit Court of Appeals has denied an emergency request from former President Donald Trump to reinstate his executive order seeking to end birthright citizenship for children of undocumented immigrants and temporary visa holders.
Legal Battle Over Birthright Citizenship
Trump had issued the order as part of his broader crackdown on immigration immediately after his inauguration. However, under the 14th Amendment, anyone born on US soil is automatically granted citizenship, a principle that has been in place since 1868.
On January 23, US District Judge John Coughenour temporarily blocked the order. This ruling was later reinforced by another federal judge, Deborah Boardman, on February 5, escalating the case to the appellate court.
9th Circuit Court’s Decision
On February 20, the 9th Circuit Court ruled that birthright citizenship is a constitutional right and beyond the president’s power to modify. The court stated that the administration’s arguments lacked merit and had little chance of succeeding.
Judge Danielle Forrest, a Trump appointee, stated that the Justice Department had failed to demonstrate an urgent need for the court’s intervention.
“We should not undertake this task unless the circumstances dictate that we must. They do not here,” she ruled.
Possible Supreme Court Appeal
The lawsuit against Trump’s order was filed by Democratic attorneys general from four states, led by Washington. With the appeals court’s decision going against Trump, his legal team may now take the case to the Supreme Court for further review.
