President Donald TrumpThe administration faced another legal setback from a federal appeals court on Wednesday concerning the executive order on birthright citizenship.
contacted the White House by email for a response.
Why It Matters
The decision from the U.S. Court of Appeals in the 9th Circuit represented a major obstacle to President Trump’s attempts to alter U.S. citizenship regulations. Trump’s executive measure aimed to stop children born within U.S. borders from automatically gaining citizenship if neither parent was a U.S. citizen or legal permanent resident at the time of their birth.
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The appeals court’s ruling on Wednesday supported the longstanding understanding of the 14th Amendment, ensuring that birthright citizenship is available to almost everyone born in the United States, irrespective of their parents’ immigration status.
What To Know
The appellate court decided on Wednesday that Trump’s executive order is in violation of the Constitution and supported a previous court ruling that prevented its nationwide implementation.
Judge Ronald Gould, in his statement for the court, stated that Trump’s executive order “conflicts with the clear wording of the Fourteenth Amendment’s provision on citizenship.”
The decision stated: “The district court accurately determined that the Executive Order’s suggested interpretation, which would deny citizenship to numerous individuals born in the United States, is against the Constitution. We completely concur.”
Wednesday’s decision was 2-1, with two judges nominated by the PresidentBill Clintonmaking up the majority, while one judge selected by Trump disagreed.
In an executive order posted on the day Trump took office, the president stated that “the Fourteenth Amendment has never been understood to grant citizenship to all individuals born within the United States. The Fourteenth Amendment has consistently excluded those born in the United States who are not ‘subject to the jurisdiction thereof.'”
What People Are Saying
White House spokesperson Abigail Jackson to via email Wednesday: The Ninth Circuit misunderstood the intent and language of the 14th Amendment. We anticipate being proven correct on appeal.
Previous Palm Beach County State Attorney Dave Aronberg through X to on Wednesday: Simple choice. If President Trump aims to end birthright citizenship, he must amend the Constitution. However, he cannot remove the text of the 14th Amendment through an executive order.
Trump, in his January executive order, stated:Among the groups of people who were born in the United States but not under its jurisdiction, the right to U.S. citizenship is not automatically granted to those born in the country: (1) if the mother was illegally in the United States and the father was not a U.S. citizen or lawful permanent resident at the time of the person’s birth, or (2) if the mother’s stay in the United States at the time of the person’s birth was legal but temporary (such as, but not limited to, visiting under the Visa Waiver Program or on a student, work, or tourist visa) and the father was not a U.S. citizen or lawful permanent resident at the time of the person’s birth.
The decision of the federal court partially states:Article II of the Constitution outlines the extent of presidential authority … The President is empowered to issue executive orders when they ‘arise from an act ofCongress“or from the Constitution itself,” regarding issues covered by Article II … However, one authority that the President did not receive, through Article II or any other means, is the ability to alter or amend any part of the United States Constitution.
Representative Claudia Tenney, a Republican from New York, on X on Wednesday:Birthright citizenship was never intended as a reward for violating our immigration laws. The Constitutional Citizenship Clarification Act clearly states: No citizenship for children of undocumented immigrants, foreign spies, or terrorists.
Washington State’s Attorney General Nick Brown, a member of the Democratic Party, posted on X on Wednesday:The Ninth Circuit supports our nationwide injunction regarding birthright citizenship. The court agrees that the president cannot change the definition of being American with a single action. He cannot take away the rights, freedoms, and protections of children born in our country. This lawsuit was the first case I filed as Attorney General, and I am pleased that courts at all levels support our position. – NB
What Happens Next
The administration of Trump maintains the ability to challenge the ruling, paving the way for the United States.Supreme Courtto possibly decide on the constitutionality of President Trump’s birthright citizenship executive order.
Legal professionals and activists expect that the conflict will probably only be settled by a decision from the Supreme Court, considering the large number of states and individuals involved.
Update 7/23/25, 10:37 p.m. ET: This piece has been revised to include a statement from Aronberg.
Update 7/23/25, 10:05 p.m. ET: This piece has been revised to include a statement from the White House.
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