On Wednesday, a three-judge 9th U.S. Circuit Court of Appeals panel rejected the Justice Department’s appeal to immediately reinstate President Donald Trump’s executive order that would restrict birthright citizenship. The decision bars the order, which had attempted to exclude children born in the United States from parents who were illegally in the country and whose fathers were not citizens or permanent residents.
The Justice Department had asked the 9th Circuit for an emergency stay reversing a lower court ruling that previously suspended the executive order. The panel concluded, however, that the government had failed to make a “strong showing” that they would prevail in reversing the lower court’s ruling on appeal.
Judge Danielle Forrest, who was a Trump appointee, in her opinion, was disputing the Justice Department’s characterization of the matter as an emergency. In a concurring opinion, she cited that legal attacks against executive and legislative policies are standard and that just because a district court issued a temporary suspension of the policy does not necessarily amount to an emergency. She also reiterated that although the case is notable, it falls short of requiring immediate action.
Trump’s executive order had attempted to limit birthright citizenship, a right under the Fourteenth Amendment of the U.S. Constitution, which guarantees citizenship to anyone born on U.S. soil. Attorneys had raised that the order could be contrary to the Constitution, arguing that it would end up denying children born in the U.S. to illegal immigrants citizenship, contrary to established constitutional principles.
The 9th Circuit Court ruling may pave the way for an eventual emergency appeal to the U.S. Supreme Court, where justices might finally determine whether or not to reinstate the order. To date, the legal battles over Trump’s birthright citizenship policy remain ongoing, with continued arguments over its constitutionality and effect on immigration law.
