US court rules that Trump's ban on birthright citizenship is unconstitutional
President Donald Trump's executive order to end birthright citizenship was deemed unconstitutional by a federal appeals court in San Francisco on Wednesday.
The US Court of Appeals for the Ninth Circuit ruled 2-1 that Trump's order violates the Constitution's 14th Amendment – the latest blow to Trump in a series of legal back-and-forth rulings on the issue.
Under the 14th Amendment of the US Constitution, all children born in the US automatically become American citizens, but the Trump administration is looking to abolish that right for people who are in the country illegally or temporarily.
However, opposition has been fierce. Several district judges have blocked Trump's attempt to end birthright citizenship.
The appeals court on Wednesday affirmed a Seattle district court's nationwide injunction, calling the measure "necessary" to protect states from potential harm if Trump's order took effect.
New MEE newsletter: Jerusalem Dispatch
Sign up to get the latest insights and analysis on Israel-Palestine, alongside Turkey Unpacked and other MEE newsletters
Late last month, the US Supreme Court curbed the power of lower court judges to pause executive orders issued by Trump, while hearing the birthright case.
In its 6-3 ruling, which was ideologically divided with liberal judges dissenting against the ruling, the court said that nationwide injunctions or pauses issued by district court judges "likely exceed the equitable authority that Congress has granted to federal courts". Trump hailed the ruling as a "giant win".
But this week, according to the appeals court, an injunction limited to the state level is as ineffective as not blocking the order at all, because of the complications that can arise if people move between states with different citizenship rules.
"The district court correctly concluded that the Executive Order's proposed interpretation, denying citizenship to many persons born in the United States, is unconstitutional. We fully agree," Judge Ronald Gould wrote.
In the Supreme Court's June ruling, the judges did not rule on the constitutionality of Trump's executive order to end "birthright citizenship".
This loophole has consequently prompted a raft of class action lawsuits to be filed challenging the legality of the Executive Order itself.
Earlier this month, a federal judge granted class-action status to any child who would potentially be denied citizenship under Trump's order, and issued a preliminary halt to it as legal proceedings carry on.
Middle East Eye delivers independent and unrivalled coverage and analysis of the Middle East, North Africa and beyond. To learn more about republishing this content and the associated fees, please fill out this form. More about MEE can be found here.
