A federal appeals court on Wednesday ruled that U.S. President Donald Trump’s executive order seeking to end birthright citizenship is unconstitutional, upholding a previous decision by a lower court that blocked its enforcement nationwide.
The 9th U.S. Circuit Court of Appeals, in a split decision, stated that the Trump administration’s attempt to deny automatic U.S. citizenship to children born on American soil to undocumented immigrants or temporary residents violates the Constitution, as reported by The Hindu..
The majority opinion maintained: “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.”
This ruling marks another major judicial setback for Trump’s long-standing immigration agenda, and it brings the controversial birthright citizenship issue one step closer to a likely U.S. Supreme Court showdown.
The executive order had been previously blocked by a federal judge in New Hampshire, and the 9th Circuit decision continues that halt in enforcement across the country. The order, issued during Trump’s previous tenure in the White House, had attempted to reinterpret the 14th Amendment, which guarantees citizenship to “all persons born or naturalized in the United States.”
Legal experts and civil rights groups argued the order was not only unconstitutional but also a politically motivated move to appeal to hardline immigration voters.
Birthright citizenship, enshrined in the 14th Amendment, has been a constitutional right since 1868. Trump’s move to overturn this precedent through executive action sparked widespread backlash from lawmakers, civil rights organizations, and legal scholars.
Trump had defended the order as necessary to deter what he described as "abuse" of U.S. immigration laws, claiming without evidence that large numbers of people were entering the country specifically to give birth and secure citizenship for their children.
The Supreme Court has never directly ruled on the limits of birthright citizenship for children of undocumented or temporary immigrants, which makes the 9th Circuit’s decision a potentially precedent-setting development.
The Department of Justice under the Trump administration had argued that the phrase “subject to the jurisdiction thereof” in the 14th Amendment allows for narrower interpretations. However, courts have repeatedly rejected this view, citing long-standing legal interpretations and historical intent.
Legal observers expect the Trump legal team to petition the U.S. Supreme Court for review, which could revive a major constitutional battle over immigration and citizenship rights in the lead-up to the 2026 midterm elections.
