A U.S. appeals court recently rejected President Donald Trump’s emergency request. This was to limit birthright citizenship. This decision came from the 9th U.S. Circuit Court of Appeals. It is based in San Francisco. Also, the court allowed a lower court’s order. This was to block Trump’s plan to curtain automatic birthright citizenship. This is given all across the country. Continue reading to learn more about Birthright Citizenship and its updates.
Background of the Executive Order
The ruling is part of Trump’s strict immigration policies. These are aimed at reducing illegal border crossings. Also, the appeal court’s decision is integral. This is so because it is the first time an appellate court has reviewed Trump’s executive order on birthright citizenship.
Trump signed the executive order on January 20. This was his first day at the White House. The order directed U.S. agencies to deny citizenship to children born in the United States. This is if neither parent was a U.S. citizen or lawful permanent resident. This move aimed to change the long-standing practice of granting citizenship. This is for anyone born on U.S. soil.
Legal Challenges
The executive order faced immediate legal challenges. A federal judge in Seattle, John Coughenour, issued a nationwide injunction. This was against the order. He ruled that the policy was unconstitutional. Several states, including Washington, Arizona, Illinois, and Oregon filed lawsuits. Also, some pregnant women filed lawsuits against the order.
The judge described Trump’s order as “blatantly unconstitutional”. He argued that the order sought to take away children’s fundamental right to citizenship. Also, his decision was made on January 23. He later extended it into an indefinite preliminary injunction.
Appeals Court Ruling
The Trump administration asked the 9th Circuit to stay the ruling. This is from the judge. They argued that the nationwide injunction was too broad. Also, they said that the judge overstepped his authority. However, a three-judge panel from the 9th Circuit denied his request. They decided to hear arguments on the case in June.
Judge Danielle Forrest, appointed by Trump, agreed with this decision. She expressed concern that rushing a ruling could harm public trust in the judicial system. Also, she stressed the need for judges to make decisions based on law, not politics.
Arguments against the Executive Order
Many legal experts and advocates argued over this. They stated that Trump’s executive order violates the 14th Amendment of the Constitution. Also, this amendment guaranteed citizenship to anyone born in the U.S. In 1898, the U.S. Supreme Court ruled in the United States v. Wong Kim Ark. They stated that birthright citizenship is a right regardless of the parent’s immigration status. This ruling set a clear precedent that many believe protects the rights of children.
The legal battles over birthright citizenship are far from over. The appeals court has scheduled oral arguments in June. Also, the outcomes of this case could have lasting effects on immigration law. Moreover, it protects the rights of children in the U.S. Thus, the U.S. Supreme Court may ultimately decide the fate of Trump’s executive order.
