Trump birthright citizenship order "unconstitutional," appeals court rules
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President Trump in Washington, D.C., on Wednesday. Photo: Chip Somodevilla/Getty Images
President Trump's executive order that seeks to end birthright citizenship in the U.S. is "unconstitutional," a federal appeals court ruled Wednesday.
Why it matters: The 2-1 ruling upholds a nationwide pause on enforcement of the policy, which is likely headed for the Supreme Court.
- It appears to be the first time an appeals court has weighed in on the matter since the Supreme Court last month limited lower courts' ability to freeze federal policies — specifically, Trump's effort to eliminate U.S. birthright citizenship.
Driving the news: "We conclude that the Executive Order is invalid because it contradicts the plain language of the Fourteenth Amendment's grant of citizenship to 'all persons born in the United States and subject to the jurisdiction thereof,'" per the San Francisco-based 9th U.S. Circuit Court of Appeals' majority opinion.
Context: Although the Supreme Court limited lower courts' powers, it left room for broader relief through the filing of class-action lawsuits. The Trump administration has since faced fresh challenges to the policy.
- A federal judge in New Hampshire blocked the action earlier this month by issuing a preliminary injunction following a request from immigration rights advocates to certify a nationwide class of all children born after Trump's order went into effect who would be deprived of citizenship.
For the record: Democratic attorneys general in Washington, Arizona, Illinois and Oregon brought the case against Trump and agencies including the State Department, Justice Department and Department of Homeland Security.
- Administration officials named in the suit include Secretary of State Marco Rubio, Attorney General Pam Bondi and Homeland Security Secretary Kristi Noem.
- "The Ninth Circuit misinterpreted the purpose and the text of the 14th Amendment. We look forward to being vindicated on appeal," White House spokesperson Abigail Jackson said in an emailed statement.
- The State Department said it doesn't comment on pending litigation.
Go deeper: The Supreme Court made Trump's birthright citizenship attacks easier. What to know
Editor's note: This story has been updated with comment from the White House.
