President Donald Trump’s attempt to restrict birthright citizenship in the United States has hit another legal roadblock. A U.S. appeals court has upheld an order blocking the policy, marking a significant legal setback for the administration.
On Wednesday, the 9th U.S. Circuit Court of Appeals in San Francisco denied the Trump administration’s emergency request to halt a nationwide injunction issued by a Seattle federal judge against the executive order.
This ruling marks the first time an appellate court has weighed in on Trump’s birthright citizenship order. With similar blocks issued by judges in Maryland, Massachusetts, and New Hampshire, the case is now heading toward potential Supreme Court review.
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Trump’s executive order, signed on January 20, directed U.S. agencies to deny citizenship to children born in the U.S. if neither parent is a U.S. citizen or lawful permanent resident.
The U.S. Justice Department had asked the 9th Circuit to partially stay the Seattle ruling, arguing that Judge John Coughenour’s nationwide injunction was an overreach. However, a three-judge panel refused and scheduled arguments for June instead.
U.S. Circuit Judge Danielle Forrest, a Trump appointee, wrote in a concurring opinion that issuing a rapid ruling could erode public confidence in an independent judiciary.
“Nor do the circumstances themselves demonstrate an obvious emergency,” she stated, emphasizing that the government’s argument against birthright citizenship has never been legally recognized.
The panel also included U.S. Circuit Judge William Canby, appointed by Democratic former President Jimmy Carter, and U.S. Circuit Judge Milan Smith, appointed by Republican former President George W. Bush.
The White House and the Justice Department have yet to respond to the ruling.
Meanwhile, Democratic attorneys general, immigrant rights advocates, and legal experts continue to challenge the executive order, arguing it violates the 14th Amendment’s Citizenship Clause, which has long guaranteed birthright citizenship to nearly everyone born on U.S. soil.
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