Trump's birthright citizenship executive order has been deemed unlawful by a higher court
In a significant ruling on July 23, the U.S. Court of Appeals for the 9th Circuit has upheld a temporary nationwide injunction against President Donald Trump's executive order seeking to end birthright citizenship. The Supreme Court, in a previous case, had limited the ability of federal judges to issue nationwide injunctions, but the 2-1 ruling by the 9th Circuit may bring the issue back to the Supreme Court as the Trump administration seeks enforcement of its order. The executive order, which would have ended birthright citizenship for children born in the U.S. to parents without legal status or to temporary visa holders, is among the immigration actions taken by the Trump administration that have been met with criticism from the U.S. bishops. The 9th Circuit's ruling states that the executive order contradicts the plain language of the Fourteenth Amendment's grant of citizenship to all persons born in the United States and subject to its jurisdiction. Anna Gallagher, executive director of the Catholic Legal Immigration Network (CLINIC), commended the court's decision, stating that the ruling reaffirms that birthright citizenship is a fundamental right enshrined in the 14th Amendment of the U.S. Constitution. Gallagher also emphasised that it is not within the president's power to unilaterally change birthright citizenship. The origins of the 'jus soli' principle, the legal principle that grants citizenship at birth without restrictions, can be traced back to English common law and have roots in colonial times. Today, the United States is one of at least 30 countries, including Canada and Mexico, where the principle applies. Most of these countries are located in the Americas. Justice Amy Coney Barrett wrote for the majority in a previous Supreme Court case that when a court concludes that the Executive Branch has acted unlawfully, the answer is not for the court to exceed its power. The executive order is part of the Trump administration's broader effort to implement hardline immigration policies. The Trump administration faces a class-action lawsuit over the executive order. The ruling is a significant victory for those supporting the principle of birthright citizenship. In conclusion, the U.S. Court of Appeals for the 9th Circuit has blocked President Trump's executive order seeking to end birthright citizenship, reaffirming the fundamental right enshrined in the 14th Amendment of the U.S. Constitution. The issue may yet be taken up by the Supreme Court as the Trump administration seeks enforcement of its order.
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