HomePoliticsFederal Appeals Court Strikes Down Trump's Birthright Citizenship Executive Order

Federal Appeals Court Strikes Down Trump's Birthright Citizenship Executive Order

Sarah Johnson

Sarah Johnson

July 24, 2025

3 min read

Brief

Federal appeals court rules against Trump's birthright citizenship executive order, deeming it unconstitutional and upholding protections for U.S.-born individuals.

In a significant blow to President Donald Trump's immigration agenda, the 9th U.S. Circuit Court of Appeals in San Francisco has upheld a lower court's ruling, declaring his executive order to end birthright citizenship unconstitutional. This decision reaffirms the protection of citizenship for many born on U.S. soil, regardless of their parents' legal status.

The court, in a tight 2-1 vote, supported U.S. District Judge John C. Coughenour's earlier block on the nationwide enforcement of the order. 'The proposed interpretation denying citizenship to many born in the United States is unconstitutional,' the majority opinion stated, penned by Judges Michael Hawkins and Ronald Gould. This ruling comes despite recent Supreme Court restrictions on nationwide injunctions, with the court finding an exception to ensure states receive complete relief from the policy's potential fallout.

At the heart of this legal battle is the 14th Amendment's Citizenship Clause, which grants citizenship to those born or naturalized in the U.S. and 'subject to its jurisdiction.' Trump's order aimed to exclude children born to parents without legal or permanent status, a move that has sparked at least nine lawsuits nationwide. The administration's argument—that birth location alone does not guarantee citizenship—has been met with fierce opposition from states fearing the chaos of inconsistent citizenship rules.

While dissent came from Trump-appointed Judge Patrick Bumatay, who questioned the states' legal standing to sue, the majority's decision underscores a broader tension: how far can executive power stretch in redefining constitutional rights? This ruling is not just a legal setback but a reminder of the deep societal fractures over immigration policy that continue to define this era.

Topics

Trump birthright citizenshipexecutive order unconstitutional9th Circuit CourtUS immigration policy14th Amendmentcitizenship rulingPoliticsUS NewsImmigrationLaw

Editor's Comments

Well, folks, it seems Trump tried to rewrite the Constitution with a pen stroke, but the 9th Circuit just handed him a giant eraser. If birthright citizenship is up for grabs, what’s next—declaring Mondays unconstitutional? I bet even the Founding Fathers are scratching their powdered wigs over this one. The real kicker? Nine lawsuits and counting. Looks like Trump’s order has more enemies than a cat at a dog park.

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