Trump’s Birthright Citizenship Order Deemed Unconstitutional by Appeals Court
TL/DR –
A federal appeals court has ruled Trump’s executive order to limit birthright citizenship as unconstitutional, stating that it contradicts the Fourteenth Amendment’s grant of citizenship to ‘all persons born in the United States and subject to the jurisdiction thereof’. This executive order stated that those born in the US should not automatically become citizens if their parents were undocumented immigrants or on temporary visas. The Trump administration argued that this clause doesn’t apply to people whose parents are in the US illegally or temporarily, but the court disagreed.
Court Rules Trump’s Executive Order on Birthright Citizenship Unconstitutional
A federal appeals court declared Wednesday that President Trump’s executive order limiting birthright citizenship is unconstitutional, marking the first time an appellate court has ruled on the merits of Trump’s attempt to end birthright citizenship for many children of undocumented immigrants.
The Ninth Circuit Court of Appeals stated that Trump’s order contradicts the Fourteenth Amendment’s grant of citizenship to ‘all persons born in the United States and subject to the jurisdiction thereof.’
The order directed federal agencies to cease issuing citizenship documents within 30 days for people born in the U.S. with one or both parents undocumented, non-citizen, green-card holder or on temporary visas. The move spurred a spate of lawsuits.
The Trump administration contends the citizenship clause of the 14th Amendment excludes parents in the country illegally or temporarily, interpreting ‘subject to the jurisdiction’ of the U.S. as indicating allegiance to the country. However, the 9th Circuit disagreed, asserting citizenship should be granted to anyone ‘subject to the laws and authority of the United States.’
States Have Right to Sue Over Executive Order
The order’s blockage by a Washington State lower court led to the 9th Circuit’s review. The Trump administration appealed the ruling, arguing the states lacked standing to sue over the order.
However, the 9th Circuit determined states could sue due to the risk of financial harm from a policy that lessens who qualifies for citizenship. It also sustained the lower court’s sentiment that states are likely to prove the order breaches the Constitution.
Supreme Court Yet to Rule on Merits of Birthright Citizenship
While the Supreme Court weighed in last month on the scope of district courts’ power to issue nationwide blocks against Trump’s executive order, it hasn’t ruled directly on birthright citizenship merits.
Following the Supreme Court’s ruling, a New Hampshire court paused the executive order nationwide. However, whether states can sue over the order remains unclear.
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