In a major legal defeat for US President Donald Trump, a federal appeals court ruled on Wednesday, July 23, that his controversial executive order aimed at restricting birthright citizenship was unconstitutional.
The Ninth Circuit Court of Appeals upheld a district judge’s nationwide injunction blocking the order, declaring it incompatible with the US Constitution.
The executive order, issued during Trump’s presidency, sought to deny automatic US citizenship to children born on American soil to parents in the country illegally or on temporary visas.
This marked a dramatic reinterpretation of the 14th Amendment, which guarantees citizenship to all individuals born in the United States.
“We conclude that the district court did not abuse its discretion in issuing a universal injunction in order to give the States complete relief,” wrote Judge Ronald Gould of the Ninth Circuit.
He further argued that limiting the injunction to individual states “would be as ineffective as not blocking the order at all,” due to inconsistencies in citizenship enforcement across state lines.
Crucially, the appellate judges reaffirmed the constitutional guarantee of birthright citizenship.
“The district court correctly concluded that the Executive Order’s proposed interpretation… is unconstitutional. We fully agree,” Gould stated.
The legal battle has seen a complex back-and-forth between district courts and the Supreme Court. Despite this, federal judges have continued to act.
Last month, the Supreme Court declined to rule on the constitutionality of Trump’s order, instead focusing on the limits of judges issuing nationwide injunctions, a decision Trump touted as a “giant win.”
Earlier this month, a Seattle-based judge granted class-action status to children potentially affected by the order and imposed a preliminary halt while litigation continues.
Trump’s order had stirred widespread legal and political controversy, with critics warning it would undermine a foundational constitutional principle.
The latest ruling now delivers a significant setback to attempts to redefine US citizenship through executive fiat.
