Trump’s Bold Move On Birthright Citizenship Faces Crucial Court Test

A U.S. appeals court will hear arguments on Wednesday about whether President Donald Trump’s executive order to stop automatic birthright citizenship is constitutional. This is the first time a court at this level is reviewing the issue, even while the U.S. Supreme Court is also considering a related request from Trump’s administration.

The case is being heard by a three-judge panel from the 9th U.S. Circuit Court of Appeals in Seattle. They are reviewing an earlier decision by U.S. District Judge John Coughenour, who blocked the enforcement of Trump’s order nationwide. Judge Coughenour said Trump’s action was “blatantly unconstitutional” and accused him of using it for political and personal gain. Judges in Massachusetts and Maryland have also blocked the order.

Democratic attorneys general from 22 states, along with immigrant rights groups, have challenged Trump’s order. They say it goes against the 14th Amendment of the U.S. Constitution. This amendment has always been interpreted to mean that almost all children born in the U.S. are automatically citizens.

Trump signed the order on January 20, the day he returned to office. The order says that children born in the U.S. will not be given citizenship unless at least one parent is a U.S. citizen or a legal permanent resident (someone with a green card).

The Trump administration argues that the 14th Amendment should not apply to children born to immigrants who are in the U.S. illegally or are only staying temporarily, like students or workers on short-term visas.

The 9th Circuit judges will now consider whether this executive order is legal under the Constitution.

Meanwhile, the Supreme Court—where conservative judges have a 6-3 majority—heard a different part of the case on May 15. They didn’t talk about whether Trump’s order is legal. Instead, they focused on whether a single judge should be able to block a law nationwide. The Supreme Court has not yet made its decision, but it could allow the rule to take effect in some parts of the country.

Experts say if the order is fully enforced, over 150,000 newborns in the U.S. each year could be denied citizenship.

The case in Seattle is being led by the states of Washington, Arizona, Illinois, and Oregon, along with a group of pregnant women. Judge Coughenour, who was chosen for the court by President Ronald Reagan, is the one who originally blocked Trump’s order.

The panel of appeals judges includes two appointed by former Democratic President Bill Clinton and one by Trump during his first term. Their decision will be important in deciding if the order stays blocked or moves forward.

what is birthright citizenship?

Birthright citizenship—also known as jus soli (“right of the soil”)—means a country grants citizenship to anyone born on its soil, regardless of their parents’ nationality or immigration status.

As of now, fewer than 30 countries offer unrestricted birthright citizenship. Most of these are in the Americas.

Highlights:

9th Circuit Court is reviewing Trump’s order on birthright citizenship.
Lower courts called the order “blatantly unconstitutional.”
22 states argue it violates the 14th Amendment.
Order denies citizenship to U.S.-born children without a citizen or green card-holding parent.
Over 150,000 babies may be affected annually if the rule is enforced.

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