Media365
A US court on Wednesday ruled that President Donald Trump’s executive order seeking to end birthright citizenship is unconstitutional, implementing a nationwide block on its enforcement.The San Francisco-based 9th U.S. Circuit Court of Appeals issued a 2-1 ruling, representing the first appellate assessment since the Supreme Court’s June decision that restricted lower courts’ authority to issue nationwide injunctions on federal policies, Reuters reported.“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,” the majority wrote.The Supreme Court’s June 27 verdict on Trump’s birthright citizenship order required lower courts to re-evaluate their nationwide blocks. However, certain exceptions remained, allowing courts to potentially reinstate nationwide injunctions. This enabled a New Hampshire judge to halt Trump’s order through an injunction covering a nationwide class action.The 9th Circuit’s majority determined that the plaintiff states – Washington, Arizona, Illinois and Oregon – warranted a nationwide injunction, as a narrower order would not provide sufficient relief. Washington Attorney General Nick Brown stated, “The court agrees that the president cannot redefine what it means to be American with the stroke of a pen.”The Trump administration may seek review from a larger 9th Circuit panel or appeal to the Supreme Court. Trump implemented the order on January 20, upon returning to office, as part of his strict immigration stance.On the first day of his second term, President Trump signed an executive order seeking to deny American citizenship to children born in the US to foreigners who are in the country on short-term visas.The order drew a flurry of lawsuits, as most legal experts have said the 14th Amendment — which was ratified in 1868 — automatically offers citizenship to virtually everybody born within the U.S., regardless of their parents’ immigration status, with extremely narrow exceptions.
What it means for immigrant families?
Many immigrants who feared losing their citizenship status can now feel reassured. The prospects for their children’s future remain secure.The provision of birthright citizenship continues to serve as a crucial protection for numerous Indian American families stuck in green card application queues. This policy, which enables their US-born children to request changes to their parents’ immigration status upon turning 21, remains intact.At present, the United States continues to grant citizenship to all infants born within its borders, regardless of their parents’ citizenship status.
