{"id":275858,"date":"2025-10-04T00:34:12","date_gmt":"2025-10-04T00:34:12","guid":{"rendered":"https:\/\/www.europesays.com\/us\/275858\/"},"modified":"2025-10-04T00:34:12","modified_gmt":"2025-10-04T00:34:12","slug":"appeals-court-rules-against-trumps-birthright-order","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/us\/275858\/","title":{"rendered":"Appeals court rules against Trump’s birthright order"},"content":{"rendered":"

BOSTON (AP) \u2014 A federal appeals court in Boston ruled on Friday that the Trump administration cannot withhold citizenship from children born to people in the country illegally or temporarily, adding to the mounting legal setbacks for the president\u2019s birthright order<\/a>.<\/p>\n

A three-judge panel of the 1st U.S. Circuit Court of Appeals became the fifth federal court<\/a> since June to either issue or uphold orders blocking the president\u2019s birthright order. The court concluded that the plaintiffs are likely to succeed on their claims that the children described in the order are entitled to birthright citizenship under the Citizenship Clause of the 14th Amendment.<\/p>\n

The panel upheld lower courts\u2019 preliminary injunctions, which blocked the birthright order while lawsuits challenging it moved ahead. The order, signed the day the president took office in January, would halt automatic citizenship for babies born to people in the U.S. illegally or temporarily.<\/p>\n

\u201cThe \u2018lessons of history\u2019 thus give us every reason to be wary of now blessing this most recent effort to break with our established tradition of recognizing birthright citizenship and to make citizenship depend on the actions of one\u2019s parents rather than \u2014 in all but the rarest of circumstances \u2014 the simple fact of being born in the United States,\u201d the court wrote.<\/p>\n

California Attorney General Rob Bonta, whose state was one of nearly 20 that were part of the lawsuit challenging the order, welcomed the ruling.<\/p>\n

\u201cThe First Circuit reaffirmed what we already knew to be true: The President\u2019s attack on birthright citizenship flagrantly defies the Fourteenth Amendment of the U.S. Constitution and a nationwide injunction is the only reasonable way to protect against its catastrophic implications,\u201d Bonta said in a statement. \u201cWe are glad that the courts have continued to protect Americans\u2019 fundamental rights.\u201d<\/p>\n

A second appeals court ruling on Friday also found in favor of several organizations that challenged the birthright citizenship order. The plaintiffs, including New Hampshire Indonesian Community Support and League of United Latin American Citizens, were represented by the American Civil Liberties Union.<\/p>\n

\u201cThe federal appeals court today reinforced that this executive order is a flagrant violation of the U.S. Constitution \u2014 and we agree,\u201d said SangYeob Kim, senior staff attorney at the ACLU of New Hampshire. \u201cOur Constitution is clear: no politician can decide who among those born in this country is worthy of citizenship.\u201d<\/p>\n

<\/p>\n

\"Director<\/p>\n

Director of U.S. Citizenship and Immigration Services Joseph Edlow speaks during an interview with the Associated Press at the agency\u2019s headquarters Monday, Sept. 8, 2025, in Camp Springs, Md. (AP Photo\/Mark Schiefelbein)<\/p>\n

Director of U.S. Citizenship and Immigration Services Joseph Edlow speaks during an interview with the Associated Press at the agency\u2019s headquarters Monday, Sept. 8, 2025, in Camp Springs, Md. (AP Photo\/Mark Schiefelbein)<\/p>\n

Read More<\/p>\n

In September, the Trump administration asked the Supreme Court<\/a> to uphold its birthright citizenship<\/a> order. The appeal sets in motion a process at the high court that could lead to a definitive ruling from the justices by early summer on whether the citizenship restrictions<\/a> are constitutional.<\/p>\n

\u201cThe court is misinterpreting the 14th Amendment. We look forward to being vindicated by the Supreme Court,\u201d White House spokesperson Abigail Jackson said in a statement.<\/p>\n

In July, U.S. District Judge Leo Sorokin in Boston issued the third court ruling blocking the birthright order nationwide after a key Supreme Court decision in June. Less than two weeks later, a federal judge in Maryland also issued a nationwide preliminary injunction against the order. The issue is expected to move quickly back to the nation\u2019s highest court<\/a>. <\/p>\n

The justices ruled in June<\/a> that lower courts generally can\u2019t issue nationwide injunctions, but they didn\u2019t rule out other court orders that could have nationwide effects, including in class-action lawsuits and those brought by states.<\/p>\n

A federal judge in New Hampshire later issued a ruling prohibiting Trump\u2019s executive order from taking effect nationwide in a new class-action suit, and a San Francisco-based appeals court<\/a> affirmed a different lower court\u2019s nationwide injunction in a lawsuit that included state plaintiffs.<\/p>\n

At the heart of the lawsuits challenging the birthright order is the 14th Amendment to the Constitution, which includes a citizenship clause that says all people born or naturalized in the United States, and subject to U.S. jurisdiction, are citizens.<\/p>\n

Plaintiffs in the Boston case \u2014 one of the cases the 1st Circuit considered \u2014 told Sorokin that the principle of birthright citizenship is \u201censhrined in the Constitution,\u201d and that Trump does not have the authority to issue the order, which they called a \u201cflagrantly unlawful attempt to strip hundreds of thousands of American-born children of their citizenship based on their parentage.\u201d <\/p>\n

Justice Department attorneys argued the phrase \u201csubject to United States jurisdiction\u201d in the amendment means that citizenship isn\u2019t automatically conferred to children based on their birth location alone. <\/p>\n

In a landmark birthright citizenship case<\/a>, the Supreme Court in 1898 found a child born in San Francisco to Chinese parents was a citizen by virtue of his birth on American soil.<\/p>\n

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