WASHINGTON (OSV News) — A federal appeals court on July 23 dealt another blow to President Donald Trump’s executive order to restrict the practice of birthright citizenship, which faces a class-action lawsuit.
The U.S. Court of Appeals for the 9th Circuit issued a 2-1 ruling upholding a district court’s previous temporary nationwide injunction.
“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,'” the ruling said.
The Supreme Court previously limited the ability of federal judges to issue nationwide injunctions in June, but the court indicated such challenges could continue as class-action suits. The ruling may bring the issue back to the Supreme Court as the Trump administration seeks enforcement of its order.
At the time, the Supreme Court did not directly rule on the constitutionality of Trump’s executive order itself. Justice Amy Coney Barrett wrote for the majority that “when a court concludes that the Executive Branch has acted unlawfully, the answer is not for the court to exceed its power, too.”
If Trump’s order, which is part of his administration’s broader effort to implement his hardline immigration policies, were enforced, it would end birthright citizenship for children born in the U.S. to parents without legal status or to temporary visa holders.
The order is among the Trump administration’s immigration actions that have been met with criticism from the U.S. bishops.
Others have criticized the order as well, calling it unconstitutional. They point to the 14th Amendment, which states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
CLINIC Commends Ruling
In a statement to OSV News, Anna Gallagher, executive director of the Catholic Legal Immigration Network, or CLINIC, said the organization “commends the 9th U.S. Circuit Court of Appeals for its decision to block President Trump’s executive order seeking to end birthright citizenship.”
“This ruling reaffirms that birthright citizenship is a fundamental right enshrined in the 14th Amendment of the U.S. Constitution, and it is not within the president’s power to unilaterally change it,” Gallagher said. “We remain steadfast in our commitment to defending the rights of immigrant families and ensuring that all children born in the United States retain their constitutional right to citizenship.”
Despite the argument against birthright citizenship that Trump made when he signed the order in January and one he has repeated since — that the U.S. is “the only country in the world that does this” — the United States is one of at least 30 countries, including Canada and Mexico, in which the principle of “jus soli,” or “right of soil,” applies. This legal principle grants citizenship at birth without restrictions, regardless of the citizenship status of the parents. Most of those countries are located in the Americas, and scholars trace the origins of the practice to colonial times. It also has origins in English common law.
Kate Scanlon is a national reporter for OSV News covering Washington. Follow her on X @kgscanlon.
This story was updated July 25 at 1:33 p.m. EDT.
