President Donald Trump’s push to restrict birthright citizenship faced another major legal defeat on Friday, as a second U.S. appeals court declared his executive order unconstitutional.
The Boston-based 1st U.S. Circuit Court of Appeals upheld earlier injunctions secured by Democratic-led states and immigrant rights groups, preventing the order from taking effect nationwide.
Trump’s directive, issued on his first day back in office on January 20, instructed agencies to deny citizenship to children born in the U.S. unless at least one parent was an American citizen or lawful permanent resident. However, the court ruled it violated the 14th Amendment, which guarantees citizenship to anyone born on U.S. soil.
Circuit Judge David Barron, writing for the three-judge panel, emphasized that the Constitution was clear and that the question was not complex, despite the length of the court’s 100-page ruling. “It is not,” Barron noted, criticizing the administration’s unprecedented attempt to deny Americans their birthright.
The decision follows a similar ruling by the San Francisco-based 9th Circuit Court of Appeals in July, which also blocked the order for violating the Constitution’s citizenship clause. The White House, however, argued that the court misinterpreted the 14th Amendment and vowed to seek vindication from the Supreme Court.
The administration has already asked the high court to hear appeals in both the 9th and 1st Circuit cases. If granted, it would be the second time the Supreme Court weighs in on the matter.
While the court’s conservative majority in June curtailed judges’ ability to impose nationwide injunctions, it did not directly address the legality of Trump’s policy.
Despite that ruling, district judges in Boston and New Hampshire have reaffirmed or reissued nationwide injunctions, ensuring the order remains blocked across the country.
With two appellate courts now rejecting the policy, the ultimate decision rests with the Supreme Court, where the legal and constitutional battle over birthright citizenship is set to escalate.
