Judges Slam Trump Birthright Citizenship Order as Unconstitutional/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ Federal courts have blocked President Trump’s executive order ending birthright citizenship, citing clear constitutional precedent. Judges from multiple districts and appellate courts unanimously found the order likely violates the 14th Amendment. The Supreme Court now faces appeals that could redefine citizenship and the scope of nationwide injunctions.
Judges Slam Trump Birthright Citizenship Order as Unconstitutional: Quick Looks
- Trump’s birthright citizenship order blocked by multiple federal courts, deemed unconstitutional under the 14th Amendment.
- The Supreme Court is hearing appeals on the legality of the executive order and national injunctions.
- Judges cite the 1898 precedent of Wong Kim Ark, which affirmed birthright citizenship for children born on U.S. soil.
- District judges emphasized irreparable harm to children affected, including loss of healthcare and risk of deportation.
- Three appellate courts refused emergency stays, arguing the administration failed to prove urgency or legal merit.
- Judge Boardman ruled a nationwide injunction was necessary, due to the national implications of citizenship policy.
- Opposing judges questioned the breadth of universal injunctions, not the substance of the order’s legality.
- Federal precedent remains consistent across districts, reinforcing long-standing interpretations of the 14th Amendment.
Judges Slam Trump Birthright Citizenship Order as Unconstitutional
Deep Look
Federal courts across the United States have decisively blocked President Donald Trump’s executive order aimed at revoking birthright citizenship for children born on U.S. soil to undocumented immigrants. With multiple judges declaring the order unconstitutional, the Supreme Court is now set to consider three appeals that will determine the future of both citizenship rights and the scope of judicial power in issuing nationwide injunctions.
At the heart of these legal battles lies the interpretation of the Citizenship Clause of the 14th Amendment, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens.” This clause has long been understood to grant automatic citizenship to nearly all children born within U.S. borders, regardless of their parents’ legal status.
The most cited precedent in these rulings is the 1898 case United States v. Wong Kim Ark, where the Supreme Court held that a child born in San Francisco to Chinese parents, who were not U.S. citizens, was entitled to birthright citizenship. Justice Horace Gray, writing for the majority, stated that the 14th Amendment affirms “the ancient and fundamental rule of citizenship by birth within the territory,” with only limited exceptions for children of foreign diplomats, hostile occupying forces, or members of sovereign Native tribes.
More than a century later, federal judges are applying this ruling to reject Trump’s executive order. U.S. District Judge John Coughenour in Seattle called the order “blatantly unconstitutional,” asserting that the Citizenship Clause’s plain text makes it clear that children born in the U.S. are citizens, regardless of their parents’ immigration status.
In Boston, Judge Leo Sorokin echoed this sentiment, affirming that the government presented no compelling argument to override the long-standing legal interpretation of birthright citizenship. He warned of the “irreparable harm” such a policy would cause to affected children, including denial of essential healthcare and the threat of deportation.
Judge Deborah Boardman in Maryland issued a nationwide injunction, arguing that since the group ASAP (Asylum Seeker Advocacy Project) represents members in all 50 states, only a universal block would ensure meaningful relief. She wrote that the president lacked the authority to unilaterally strip constitutional rights and stressed that “the Supreme Court has resoundingly rejected” the administration’s interpretation of citizenship.
In contrast, U.S. District Judge Joseph Laplante in New Hampshire limited his injunction to his jurisdiction but agreed that Trump’s order lacks any presumption of constitutionality, unlike congressional legislation.
Three federal appeals courts have since declined the administration’s emergency requests to implement the executive order while appeals are pending. In the 9th Circuit, Judge Danielle Forrest, a Trump appointee, noted that the government failed to demonstrate an urgent need or present a legal precedent supporting its case.
“The exception to birthright citizenship urged by the Government has never been recognized by the judiciary,” she wrote.
Similarly, Judge David Barron of the 1st Circuit stated that the government explicitly declined to argue that the order is likely to succeed on appeal, underscoring its weak legal position. The 4th Circuit’s two-judge majority also refused to grant the stay, warning of national disruption if the citizenship changes took effect.
They predicted “confusion and upheaval,” as even children of U.S. citizens could see their birth certificates questioned under the order.
In dissent, 4th Circuit Judge Paul Niemeyer expressed concern about the broad scope of nationwide injunctions, arguing that district courts should not extend relief beyond plaintiffs involved in the case. However, he did not weigh in on the underlying legality of the executive order.
The tension between nationwide injunctions and localized rulings has emerged as a critical secondary issue. While opponents of the order argue that a consistent national policy on citizenship is essential, critics of universal injunctions worry about judicial overreach.
Meanwhile, the Supreme Court has allowed similar nationwide injunctions to remain in place during litigation in other cases, despite recent expressions of concern by several justices. As the high court takes up the case, its decision could reshape not only the rights of millions of children but also the authority of federal judges to enforce constitutional protections across the country.
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