A federal appeals court in Boston on Friday, October 3, struck down US President Donald Trump’s effort to end birthright citizenship in the United States. The ruling blocks a January executive order which sought to restrict automatic citizenship for children born on American soil to undocumented immigrants or temporary visa holders, The Hill reported.
First Circuit upholds injunction
The First Circuit Court of Appeals maintained the district court’s nationwide injunction ruling that plaintiffs were likely to succeed in establishing the order unlawful. The three-judge panel stressed that the 14th Amendment’s Citizenship Clause protects the right of children born in the United States to claim citizenship regardless of their parents’ immigrant status.
“The lessons of history give us every reason to be wary of blessing this most recent effort to break with our established tradition,” the court wrote in its 100-page decision.
The ruling marks the fifth time since June that federal courts have issued or upheld orders blocking the US President’s order.
A constitutional history
The court drew on past legal battles, citing the infamous Dred Scott case before the Civil War and the Wong Kim Ark decision of 1898 which confirmed that a child born in San Francisco to Chinese parents was an American citizen. “Our nation’s history of efforts to restrict birthright citizenship has not been a proud one,” the court noted.
Reaction from states and civil rights groups
According to The Associated Press, California Attorney General Rob Bonta, whose state joined nearly 20 others in challenging the executive order, welcomed the ruling. “The First Circuit reaffirmed what we already knew: the President’s attack on birthright citizenship flagrantly defies the 14th Amendment,” Bonta said.
{{/usCountry}}According to The Associated Press, California Attorney General Rob Bonta, whose state joined nearly 20 others in challenging the executive order, welcomed the ruling. “The First Circuit reaffirmed what we already knew: the President’s attack on birthright citizenship flagrantly defies the 14th Amendment,” Bonta said.
{{/usCountry}}Civil liberties organizations also praised the outcome. The American Civil Liberties Union of New Hampshire, which represented several plaintiffs, said, “Our Constitution is clear: no politician can decide who among those born in this country is worthy of citizenship.”
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Trump administration’s response
The news agency reported that the White House condemned the ruling, stating that the courts were misinterpreting the Constitution. Spokesperson Abigail Jackson said: “The court is misinterpreting the 14th Amendment. We look forward to being vindicated by the Supreme Court.”
The Justice Department has already petitioned the Supreme Court to hear the executive order, which likely sets the stage for a major legal battle in the near months.
What’s next?
Legal experts have signalled the Supreme Court could rule as early as next summer whether Trump's order has any constitutional basis. Meanwhile, the injunctions remain, and birthright citizenship remains the law as it has since 1868.
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FAQs
Q1: What is birthright citizenship?
It is the constitutional right, under the 14th Amendment, that anyone born in the US is automatically a citizen, regardless of their parents’ status.
Q2: What did the appeals court decide?
The First Circuit upheld an injunction blocking Donald Trump’s executive order, ruling the plaintiffs are likely to win their case.
Q3: How many courts have blocked the order so far?
At least five federal courts since June have either blocked or upheld injunctions against the order.