An appeals court affirmed a ruling on Wednesday that blocked President Donald Trump from ending birthright citizenship for children born in the U.S. to parents living here illegally. The Justice Department filed an emergency request to allow Trump’s executive order, which has been halted by lower court judges since its January issuance, to move forward.
Trump’s executive order seeks to alter the 14th Amendment to the U.S. Constitution, which grants citizenship to anyone born on American soil. Among his most controversial orders, it argues that this right should only apply to children of U.S. citizens and permanent residents.
The request was rejected by a three-judge panel from the 9th Circuit Court of Appeals, nominated by Trump and former Presidents Jimmy Carter and George W. Bush.
Judge Danielle Forrest, appointed by Trump in 2019, stated in the ruling that the government had not shown it was entitled to immediate relief. She noted that the only reason for the emergency request was that the district court had delayed the implementation of the policy nationwide for nearly three weeks. She emphasized that deciding such significant issues with only a week’s notice went against usual decision-making processes, and the situation didn’t necessitate rushing the decision.
Trump’s order was set to take effect by February 19 but was temporarily blocked by a federal judge in January, with the delay extended since then.
The Trump administration has faced increasing resistance from the courts, with around a dozen injunctions issued amid nearly 40 lawsuits. On Sunday, the administration appealed to the Supreme Court in a separate case to permit Trump to fire the head of a whistleblower protection agency.
The Supreme Court, with three justices nominated by Trump, is expected to play a critical role in what some experts warn could become a constitutional crisis as the president pushes the limits of executive power while the judiciary pushes back.
