Federal appeals court weighs Trump birthright citizenship order as admin outlines enforcement details
The three-judge panel for the U.S. Court of Appeals for the First Circuit agreed this summer to hear arguments in two consolidated cases centered on the matter, O. Doe. v. Trump, and the State of New Jersey v. Trump, joining several other appeals courts in reviewing the legality of Trump's executive order.
The hearing comes roughly five weeks after the Supreme Court partially sided with the Trump administration in a case centered on the birthright citizenship order. Justices narrowed when lower courts can issue so-called "universal injunctions" blocking the president's orders from taking effect nationwide.
Trump signed his birthright citizenship executive order on his first day in office. It seeks to clarify the 14th Amendment, which states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
Instead, the language put forth by the Trump administration, and subsequently blocked, would have clarified that individuals born to illegal immigrant parents, or those who were here legally but on temporary non-immigrant visas, are not citizens by birthright.
The Supreme Court declined to rule on the merits, instead giving the Trump administration 30 days to outline how it would enforce the order — effectively punting the issue back to the lower courts. So far, the administration hasn't found much success there.
A federal judge in New Hampshire issued a nationwide injunction last month blocking Trump's order from taking force, and certified as a class all infants born in the U.S. who would be denied citizenship under the order.
Arguments before the First Circuit come just one week after the Ninth Circuit Court of Appeals also blocked Trump's birthright citizenship order from taking force nationwide.
Judges on the Ninth Circuit voted 2-1 to block the order, siding with the Democratic-led states in ruling it unconstitutional.
They also ruled it "is impossible to avoid this harm" caused by the order "absent a uniform application of the citizenship clause throughout the United States," prompting them to issue the nationwide injunction.
"The district court below concluded that a universal preliminary injunction is necessary to provide the states with complete relief," U.S. Circuit Judge Ronald Gould, writing for the Ninth Circuit majority, said in the ruling.
"We conclude that the district court did not abuse its discretion in issuing a universal injunction in order to give the states complete relief."
It's unclear how judges on the First Circuit will rule. But their oral arguments come days after the Trump administration detailed new specifics on how it plans to enforce its order in question.
Guidance from roughly half a dozen U.S. agencies outlines these new requirements for parents. One document published by the Social Security Administration outlines new requirements parents will need to meet to prove their child is a U.S. citizen at birth.
"With respect to citizenship, an SSN applicant may currently demonstrate U.S. citizenship by providing a birth certificate showing a U.S. place of birth," a document from SSA said.
"Once the EO takes effect, a birth certificate showing a U.S. place of birth will not be sufficient documentary evidence of U.S. citizenship for persons born after the EO takes effect."
The policy, which remains halted by the lower courts, is widely unpopular.
More than 22 U.S. states and immigrants' rights groups have sued the Trump administration to block the change to birthright citizenship, arguing in court filings that the executive order is both unconstitutional and "unprecedented."
And to date, no court has sided with the Trump administration's executive order seeking to ban birthright citizenship, though multiple district courts have blocked it, including in wake of the Supreme Court ruling, from taking effect.
This is a developing news story. Check back soon for updates.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Epoch Times
18 minutes ago
- Epoch Times
Carney, Trump Likely to Speak in ‘Next Number of Days': Trade Minister
Prime Minister Mark Carney and U.S. President Donald Trump will likely talk 'over the next number of days' following the U.S. decision to impose a 35 percent tariff on Canadian goods not covered under the free-trade agreement between Canada, the United States, and Mexico, the federal minister responsible for Canada-U.S. trade says. Trade Minister Dominic LeBlanc told CBS News' 'Face the Nation' that he was 'encouraged' by recent discussions with U.S. Commerce Secretary Howard Lutnick and U.S. Trade Representative Jamieson Greer.
Fox News
20 minutes ago
- Fox News
Bill Maher slams 'out of control' American universities, labeling them 'indoctrination factories'
Bill Maher slammed American universities and partially backed Trump's attempts to reform them on his HBO show 'Real Time' Friday
CBS News
20 minutes ago
- CBS News
Ohio city whose Haitian migrants were disparaged by Trump braces to defend them against deportation
An Ohio city whose Haitian migrants were disparaged by President Donald Trump last year as he pitched voters on his plans for an immigration crackdown is now bracing to defend the community against possible deportation. A group of about 100 community members, clergy and Haitian leaders in Springfield, Ohio, gathered this week for several days of training sessions as they prepare to defend potential deportees and provide them refuge. "We feel that this is something that our faith requires, that people of faith are typically law-abiding people — that's who we want to be — but if there are laws that are unjust, if there are laws that don't respect human dignity, we feel that our commitment to Christ requires that we put ourselves in places where we may face some of the same threats," said Carl Ruby, senior pastor of Central Christian Church. Ruby said the ultimate goal of the group is to persuade the Trump administration to reverse its decision to terminate legal protections for hundreds of thousands of Haitians in the U.S. under temporary protected status, or TPS. "One way of standing with the Haitians is getting out the message of how much value they bring to the city of Springfield," he said. "It would be an absolute disaster if we lost 10,000 of our best workers overnight because their TPS ends and they can no longer work." Instead of that, Ruby said participants in the effort are learning how to help Haitians in other ways. That includes building relationships, accompanying migrants to appointments with U.S. Immigration and Customs Enforcement and providing their families with physical shelter. Springfield found itself in an unwelcome spotlight last year after Trump amplified false rumors during a presidential debate that members of the mid-sized city's burgeoning Haitian population were abducting and eating cats and dogs. It was the type of inflammatory and anti-immigrant rhetoric he promoted throughout his campaign. The U.S. Department of Homeland Security announced in June that it would terminate TPS as soon as Sept. 2 for about 500,000 Haitians who are already in the United States, some of whom have lived here for more than a decade. The department said conditions in the island nation have improved adequately to allow their safe return. The announcement came three months after the Trump administration revoked legal protections for thousands of Haitians who arrived legally in the country under a humanitarian parole program as part of a series of measures implemented to curb immigration. The U.S. Supreme Court overturned a federal judge's order preventing the administration from revoking the parole program. Earlier this month, a federal judge in New York blocked the administration from accelerating an end to Haitians' TPS protections, which the Biden administration had extended through at least Feb. 3, 2026, due to gang violence, political unrest, a major earthquake in 2021, and several other factors. DHS spokeswoman Tricia McLaughlin said at the time that the Trump administration would eventually prevail and that its predecessors treated TPS like a "de facto asylum program." In the meantime, the government has set the expiration date back to early February. TPS allows people already in the United States to stay and work legally if their homelands are deemed unsafe. Immigrants from 17 countries, including Haiti, Afghanistan, Sudan and Lebanon, were receiving those protections before Trump took office for his second term in January. Charla Weiss, a founding member of Undivided, the group that hosted the Springfield workshop, said participants were asked the question of how far they would go to help Haitian residents avoid deportation. "The question that I know was before me is how far am I willing to go to support my passion about the unlawful detainment and deportation of Haitians, in particular here in Springfield," she said. Republican Ohio Gov. Mike DeWine, a longtime supporter of the Haitian community, was briefed by Springfield leaders during a visit to the city Friday. He told reporters that the state is bracing for the potential of mass layoffs in the region as a result of the TPS policy change, a negative for both the workers and the companies that employ them. "It's not going to be good," he said. ___ Smyth reported from Columbus, Ohio.
