Updated Feb 19, 2025 - Politics & Policy

Trump's appeal on birthright citizenship order rejected by court

Rebecca Falconer

President Donald Trump speaks during an executive order signing in the Oval Office at the White House on February 11, 2025 in Washington, DC. Trump is to sign an executive order implementing the Department of Government Efficiency's (DOGE) "workforce optimization initiative" this month. — President Trump in the Oval Office at the White House last week. Photo: Andrew Harnik/Getty Images

President Trump remains blocked from ending birthright citizenship in the U.S. after a federal appeals court ruling on Wednesday night.

The big picture: Trump's executive order to end birthright citizenship is facing multiple lawsuits, including from Democratic attorneys general and civil rights groups who say it violates the Constitution. The case is likely to end up in the U.S. Supreme Court.

The 9th U.S. Circuit Court of Appeals' decision to decline an emergency request from the Department of Justice to stop a lower-court Seattle-based judge's order from taking effect marks the first time an appellate court has ruled in the matter.
Courts in Maryland, Massachusetts and New Hampshire have also issued rulings blocking the order.

Zoom in: The three judges in the San Francisco-based appeals court, comprising appointees of Presidents Trump, Jimmy Carter and George W. Bush, found the DOJ had failed to make a "strong showing that they are likely to succeed on the merits of this appeal."

The case has been set down for further review, with arguments due to be heard in June.
Representatives for the Trump administration did not immediately respond to Axios' request for comment in the evening.

Go deeper...

Editor's note: This article has been updated with new details throughout.

Add Axios on Google

Trump's appeal on birthright citizenship order rejected by court

What to read next