0
0
A federal appeals court on Wednesday denied the Trump administration’s attempt to partially reinstate an executive order limiting birthright citizenship.
The Justice Department had urged the 9th U.S. Circuit Court of Appeals to narrow a district judge’s nationwide injunction, restricting it only to the plaintiffs in the underlying case. However, a three-judge panel ruled against the administration, stating it had “not made a ‘strong showing that [they are] likely to succeed on the merits’ of this appeal.”
Trump’s executive order aimed to restrict birthright citizenship for children born in the U.S. to parents without permanent legal status. The measure, part of a broader immigration crackdown introduced on his first day in office, has been blocked by multiple judges, who argue it contradicts long-standing Supreme Court interpretations of the 14th Amendment.
This ruling marks the first time an appeals court has addressed challenges to Trump’s birthright citizenship order, which faces legal battles in 10 separate lawsuits nationwide. While the case will proceed in the 9th Circuit, the Justice Department may now seek emergency intervention from the Supreme Court.
The panel included Judge William Canby, appointed by President Jimmy Carter; Judge Milan Smith, a George W. Bush appointee; and Judge Danielle Forrest, appointed by Trump.
In a separate opinion, Judge Forrest stressed that the administration had not met the legal threshold for emergency intervention.
“And just because a district court grants preliminary relief halting a policy advanced by one of the political branches does not in and of itself an emergency make. A controversy, yes. Even an important controversy, yes. An emergency, not necessarily,” she wrote.
She also cautioned against courts making hasty rulings on politically charged issues, warning that such actions could erode public trust in the judiciary.
“When we decide issues of significant public importance and political controversy hours after we finish reading the final brief, we should not be surprised if the public questions whether we are politicians in disguise,” she added.
The administration had appealed after a federal judge in Seattle blocked Trump’s order, accusing him of undermining the rule of law. The legal challenge was brought by four Democratic state attorneys general and several pregnant women without permanent legal status.
