Federal Court Strikes Down Trump’s Birthright Citizenship Order as ‘Unconstitutional’
A federal appeals court has ruled that President Trump’s executive order aimed at ending birthright citizenship is unconstitutional, delivering a major legal setback to the administration’s immigration agenda.
In a 2–1 decision issued Wednesday, the 9th U.S. Circuit Court of Appeals blocked enforcement of the order nationwide, stating it directly conflicts with the Fourteenth Amendment, which grants citizenship to “all persons born in the United States and subject to the jurisdiction thereof.”
“We conclude that the Executive Order is invalid,” the court wrote, emphasizing that the Constitution’s language is clear and does not allow for reinterpretation by presidential directive.
The ruling is significant because it represents the first time an appellate court has weighed in on the matter since the Supreme Court recently narrowed the authority of lower courts to issue sweeping blocks on federal policies. Despite that limitation, the high court left open the possibility for broader relief through class-action lawsuits—a legal path that immigration advocates quickly pursued.
Earlier this month, a federal judge in New Hampshire issued a preliminary injunction against the policy after immigrant rights groups filed a class-action lawsuit on behalf of children born in the U.S. after the executive order took effect. The judge’s move temporarily halted enforcement of the measure while the case moves forward.
The case was brought by Democratic attorneys general from several states, including Washington, Arizona, Illinois, and Oregon. They sued the Trump administration along with top officials from the State Department, Justice Department, and Department of Homeland Security.
Those named in the suit include Secretary of State Marco Rubio, Attorney General Pam Bondi, and Homeland Security Secretary Kristi Noem—all of whom have been key players in advancing the administration’s hardline stance on immigration.
Though the Trump administration is expected to appeal, the ruling marks a serious legal and political blow, complicating efforts to reshape constitutional norms around citizenship. The issue now appears to be on track for a final showdown at the Supreme Court.
