Appeals court finds Trump’s effort to end birthright citizenship unconstitutional, upholds block

(24 Jul 2025)
RESTRICTION SUMMARY:

ASSOCIATED PRESS
ARCHIVE: Washington, DC – 15 May 2025
1. Various of demonstrators in front of the U.S. Supreme Court building protesting President Donald Trump’s order to end birthright citizenship
2. Small child holding American flag, in front of protester sign reading (English): "American-born children are American children"
STORYLINE:
A federal appeals court in San Francisco ruled Wednesday that President Donald Trump’s order seeking to end birthright citizenship is unconstitutional, affirming a lower-court decision that blocked its enforcement nationwide.

The ruling from a three-judge panel of the 9th U.S. Circuit Court of Appeals comes after Trump’s plan was also blocked by a federal judge in New Hampshire. It marks the first time an appeals court has weighed in and brings the issue one step closer to coming back quickly before the Supreme Court.

The 9th Circuit decision keeps a block on the Trump administration enforcing the order that would deny citizenship to children born to people who are in the United States illegally or temporarily.

“The district court correctly concluded that the Executive Order’s proposed interpretation, denying citizenship to many persons born in the United States, is unconstitutional. We fully agree,” the majority wrote.

The 2-1 ruling keeps in place a decision from U.S. District Judge John C. Coughenour in Seattle, who blocked Trump’s effort to end birthright citizenship and decried what he described as the administration’s attempt to ignore the Constitution for political gain. Coughenour was the first to block the order.

The White House and Justice Department did not immediately respond to messages seeking comment.

The Supreme Court has since restricted the power of lower court judges to issue orders that affect the whole country, known as nationwide injunctions.

But the 9th Circuit majority found that the case fell under one of the exceptions left open by the justices. The case was filed by a group of states who argued that they need a nationwide order to prevent the problems that would be caused by birthright citizenship only being the law in half of the country.

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