US Court Blocks Trump’s Birthright Citizenship Order, Upholds Previous Ruling
In a major legal setback for former US President Donald Trump, an appeals court has upheld a ruling that blocks his executive order attempting to end birthright citizenship for children of undocumented immigrants. The decision, issued by the 9th Circuit Court of Appeals, prevents the administration from implementing one of Trump’s most controversial immigration policies.
Trump’s Executive Order on Birthright Citizenship
Trump’s executive order, issued in January 2025, sought to redefine the long-established interpretation of the 14th Amendment to the US Constitution. The amendment grants citizenship to anyone born on American soil, regardless of their parents’ immigration status. Trump’s order argued that this right should only apply to children born to US citizens or permanent residents, effectively denying automatic citizenship to children of undocumented immigrants and certain visa holders.
The policy was immediately challenged in court, with civil rights organizations, immigration advocates, and legal experts arguing that Trump’s interpretation was unconstitutional. Multiple lower courts issued injunctions to halt the enforcement of the order, leading to an emergency appeal by the Justice Department.
Court’s Ruling Against Trump’s Appeal
On February 19, a three-judge panel of the 9th Circuit Court of Appeals rejected the Justice Department’s request to lift the block on Trump’s order. The panel included judges nominated by Trump, Jimmy Carter, and George W. Bush, showing bipartisan resistance to the policy.
Judge Danielle Forrest, a Trump appointee, wrote in the ruling that the government had not demonstrated an urgent need for the order’s implementation. She emphasized that rushing such a significant change in constitutional interpretation would disrupt the judicial process.
"Here, the Government has not shown that it is entitled to immediate relief," Forrest stated. "Deciding important substantive issues on one week’s notice turns our usual decision-making process on its head."
The decision effectively maintains the lower court’s injunction, delaying the implementation of Trump’s order indefinitely.
Legal and Political Implications
The ruling marks yet another judicial defeat for Trump, whose executive orders have faced consistent legal challenges. Since leaving office in 2021 and returning for another run in 2024, Trump has continued to push for stricter immigration policies, often clashing with the courts.
Trump’s administration has already faced around 40 lawsuits related to executive orders, with at least a dozen injunctions issued against his policies. The latest ruling adds to the list of legal roadblocks preventing him from enforcing his immigration agenda.
Legal experts argue that Trump’s attempt to alter birthright citizenship through an executive order is unconstitutional, as changes to the 14th Amendment require congressional approval or a constitutional amendment. Even conservative legal scholars have raised concerns about the feasibility of Trump’s approach.
Trump’s Response and Future Legal Battles
Trump has long argued that birthright citizenship encourages illegal immigration and undermines national security. His administration has repeatedly attempted to implement policies restricting immigration, but many have been struck down in court.
Following the court’s decision, Trump and his supporters criticized the ruling, calling it an example of judicial overreach. The former president vowed to take the fight to the Supreme Court, which includes three justices he appointed during his previous term.
"The liberal courts are trying to block everything we do," Trump said in a statement. "We will keep fighting, and we will take this all the way to the Supreme Court if necessary."
The Role of the Supreme Court
With Trump’s legal battles escalating, the Supreme Court is expected to play a key role in determining the limits of executive power. The court has already been involved in multiple high-profile cases related to Trump’s policies, and legal experts believe his birthright citizenship order could eventually reach the justices.
The Supreme Court, which has a conservative majority due to Trump’s three appointments, could potentially issue a ruling in his favor. However, even conservative justices have historically upheld the traditional interpretation of the 14th Amendment, making it uncertain how they would rule on this specific issue.
Broader Impact on Immigration Policy
The controversy over birthright citizenship is part of a larger debate on immigration in the United States. Trump has made immigration restrictions a central part of his political platform, pushing for policies such as border wall expansion, stricter visa regulations, and mass deportations.
His opponents argue that such policies violate constitutional rights and international human rights standards. Immigration advocates warn that eliminating birthright citizenship could create a large population of stateless children, leading to legal and humanitarian crises.
What Happens Next?
For now, the court’s ruling keeps birthright citizenship protections intact. Trump’s administration is expected to continue appealing the decision, with the possibility of the case reaching the Supreme Court in the coming months.
The political implications of the ruling could also influence the upcoming elections. Immigration remains a polarizing issue in US politics, and Trump’s stance on birthright citizenship is likely to energize both his supporters and opponents.
In the meantime, legal scholars, policymakers, and activists will closely watch how the courts handle Trump’s challenges to long-standing constitutional principles. If the Supreme Court agrees to hear the case, its decision could have far-reaching consequences for immigration policy and the rights of future generations of Americans.