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Court Ruling Challenges Trump's Birthright Citizenship Order

Thursday, July 24, 2025 by Sofia Valdez

Court Ruling Challenges Trump's Birthright Citizenship Order
Donald Trump (Reference Image) - Image © Flickr/Gage Skidmore

A federal appeals court delivered a landmark decision on Wednesday, ruling against former President Trump's executive order aimed at ending birthright citizenship for children of undocumented immigrants and those with temporary immigration status. This marks the first time an appellate court has officially deemed the order "unconstitutional," upholding earlier lower court injunctions and paving the way for a possible Supreme Court ruling.

The ruling was issued by a three-judge panel from the Ninth Circuit Court of Appeals in San Francisco, with a 2-1 majority. Judges Ronald Gould and Michael Hawkins, both appointed by former President Bill Clinton, agreed that "the district court correctly concluded that the proposed interpretation in the Executive Order, which denies citizenship to many born in the United States, is unconstitutional. We fully concur," as reported by American media outlets.

This decision reaffirms a preliminary injunction previously issued by federal judge John Coughenour in Seattle, who had nationwide blocked Trump's decree in late January. In his ruling, Coughenour argued that the measure was "blatantly unconstitutional."

Constitutional Context

Trump's order, signed on his second day in office, sought to reinterpret the 14th Amendment of the United States Constitution, adopted in 1868. This amendment states that "all persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States and of the State wherein they reside." Through this decree, Trump aimed to strip this right from children of individuals without legal immigration status, which was considered a direct violation of the constitutional citizenship clause.

The Ninth Circuit judges also referenced the precedent set by the case United States v. Wong Kim Ark (1898), in which the Supreme Court affirmed the principle of birthright citizenship as a legitimate path to citizenship, regardless of parental immigration status.

Arguments from the Challenging States

The lawsuit that led to this recent decision was filed by four states with Democratic governments: Washington, Arizona, Illinois, and Oregon. These states argued that implementing Trump's executive order would cause them "irreparable harm," both economically and administratively.

According to the ruling, "the states would be denied federal reimbursements for healthcare and social services provided to children who would no longer be considered citizens under the Executive Order, and they would incur substantial administrative costs associated with compliance with such an Order."

Additionally, the court found that a geographically limited injunction would not offer complete relief to the challenging states, as they would be forced to redesign their social service eligibility verification systems. It was concluded that "a universal preliminary injunction is necessary to provide the states with complete relief."

Partial Dissent and Future Outlook

Judge Patrick Bumatay, appointed by Trump, issued a partial dissenting opinion. In his analysis, he questioned the legal standing of the states to file the lawsuit, and deemed it "premature to address the merits of the citizenship issue or the scope of the injunction," as reported by CNN.

Nevertheless, the majority deemed the risk to the constitutional structure and the rights of those born on U.S. soil sufficient to warrant judicial intervention. While this ruling is definitive within the Ninth Circuit's jurisdiction, it may not be the final word in this legal battle. The Trump administration could still appeal to the full Ninth Circuit or take the case directly to the U.S. Supreme Court.

Precedent and Supreme Court Signals

This decision comes amid mixed signals from the Supreme Court. Late in June, the nation's highest court limited the use of nationwide injunctions by federal judges. However, it left room for such measures in the case of class actions or lawsuits brought by state governments, as highlighted by the EFE news agency today.

Moreover, in addition to the Ninth Circuit's ruling, a federal judge in New Hampshire previously issued an injunction blocking the national application of Trump's decree, in a class-action lawsuit filed by the American Civil Liberties Union (ACLU).

The Ninth Circuit's decision represents a significant legal setback for former President Trump and his attempt to redefine a cornerstone of American constitutional law. It also marks a substantial legal victory for the states defending birthright citizenship as a fundamental right guaranteed by the Constitution. Ultimately, the Supreme Court will have the final say on the constitutionality of Trump's attempt to rewrite the rules of birthright citizenship.

Implications of the Birthright Citizenship Court Ruling

What was the Ninth Circuit Court's decision regarding Trump's executive order on birthright citizenship?

The Ninth Circuit Court ruled against Trump's executive order, declaring it unconstitutional and upholding lower court injunctions that blocked the order's implementation.

Which states challenged the executive order and why?

Washington, Arizona, Illinois, and Oregon challenged the executive order, arguing it would cause them irreparable harm both economically and administratively.

What precedent did the Ninth Circuit Court consider in its ruling?

The court considered the precedent set by the Supreme Court case United States v. Wong Kim Ark, which affirmed birthright citizenship as a legitimate path to citizenship.

What are the next possible steps following the Ninth Circuit's ruling?

The Trump administration could appeal to the full Ninth Circuit or take the case directly to the U.S. Supreme Court for a final decision on the matter.

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