Latest news with #federalcourt
The Independent
8 hours ago
- Politics
- The Independent
Appeals court rules on Trump's birthright citizenship order
A federal appeals court, the U.S. Court of Appeals for the 9th Circuit, has ruled that Donald Trump 's executive order aiming to end birthright citizenship is unconstitutional. The court stated that the order contradicts the plain language of the Fourteenth Amendment, which grants citizenship to all persons born in the United States. This ruling prevents the Trump administration from enforcing the order, which would deny citizenship to children born in the U.S. to parents who are in the country illegally or temporarily. The judges fully agreed with a previous lower-court decision that had blocked the order nationwide. This decision moves the issue, concerning the redefinition of citizenship, closer to potentially being reviewed by the Supreme Court.
Yahoo
14 hours ago
- Politics
- Yahoo
Trump's birthright citizenship order is unconstitutional, appeals court says
A federal appeals court said Wednesday that President Trump's executive order curtailing birthright citizenship is unconstitutional. The policy, which has been the subject of a complicated monthslong legal back-and-forth, is currently on hold. But Wednesday's decision appears to mark the first time that an appellate court has weighed in on the merits of Mr. Trump's attempt to end birthright citizenship for many children of undocumented immigrants by executive order. A panel of judges on the U.S. Court of Appeals for the 9th Circuit wrote that Mr. Trump's order is "invalid because it contradicts the plain language of the Fourteenth Amendment's grant of citizenship to 'all persons born in the United States and subject to the jurisdiction thereof.'" White House spokeswoman Abigail Jackson said in a statement to CBS News: "The Ninth Circuit misinterpreted the purpose and the text of the 14th Amendment. We look forward to being vindicated on appeal." On the first day of Mr. Trump's second term, he signed an executive order that said people born in the United States should not automatically get citizenship if one parent is undocumented and the other isn't a citizen or green-card holder, or if both parents are in the U.S. on temporary visas. The order directed federal agencies to stop issuing citizenship documents within 30 days to people who fall into those categories. 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. The Trump administration argues the citizenship clause of the 14th Amendment does not apply to people whose parents are in the country illegally or temporarily — citing a clause that says citizenship is granted to those who are "subject to the jurisdiction" of the United States. Those parents do not necessarily have "allegiance" to the country, the government argues, so they therefore aren't "subject to the jurisdiction." The 9th Circuit disagreed. It wrote Wednesday that a plain reading of the 14th Amendment suggests that citizenship was meant to be granted to anybody who is "subject to the laws and authority of the United States." "The Defendants' proposed interpretation of the Citizenship Clause relies on a network of inferences that are unmoored from the accepted legal principles of 1868," the judges wrote. "Perhaps the Executive Branch, recognizing that it could not change the Constitution, phrased its Executive Order in terms of a strained and novel interpretation of the Constitution," the opinion said. The issue reached the 9th Circuit after a lower court in Washington state blocked the birthright citizenship executive order in February, responding to a lawsuit from several Democratic states. The Trump administration in March appealed that ruling. It reasserted its arguments about who the 14th Amendment applies to, called the ruling "vastly overbroad" and argued the states did not have standing to sue over the order. On Wednesday, the 9th Circuit said the states did have the right to sue, pointing to the risk that states would be financially harmed by a federal policy that narrows who qualifies for citizenship. The appellate judges also upheld the district court's finding that the states are likely to succeed in showing the order violates the Constitution. The 9th Circuit's ruling was written by Clinton-appointed Judge Ronald Gould, and joined by Obama-appointed Judge Michael Daly Hawkins. A third member of the panel — Judge Patrick Bumatay, appointed by Mr. Trump in his first term — dissented in part, writing that the states don't have standing and adding "it's premature to address the merits of the citizenship question or the scope of the injunction." Supreme Court hasn't weighed in on merits of birthright citizenship — yet The birthright citizenship issue reached the Supreme Court earlier this year, but not in a case involving the merits of the Trump administration's policy. Instead, the Supreme Court weighed in on whether the district courts that issued nationwide blocks against Mr. Trump's executive order were exceeding the scope of their power — a perennial topic of debate in legal circles that has frustrated presidents of both parties. The high court's ruling last month limited the use of nationwide injunctions. In a 6-3 decision, it granted a request by the administration to narrow the injunctions against the birthright citizenship order, but "only to the extent that the injunctions are broader than necessary to provide complete relief." That doesn't mean the birthright citizenship order will take effect. Shortly after the ruling, a New Hampshire court paused the executive order nationwide in a lawsuit that was brought as a class action, after the Supreme Court's decision left the door open to that option. The Supreme Court also did not directly address whether states can still sue over the order. In the case that the 9th Circuit ruled on Wednesday, the government has argued that courts can just block the birthright citizenship order for residents of the states that sued, rather than issuing a nationwide injunction. But the states argue that would provide them with incomplete relief because people move from state to state. Bryan Kohberger sentenced to life in prison for murders of Idaho students Trump reacts to DOJ reaching out to Ghislaine Maxwell's lawyer on Jeffrey Epstein files Ozzy Osbourne, heavy metal pioneer, dies at age 76
Washington Post
14 hours ago
- Politics
- Washington Post
Federal appeals court rules Trump's birthright citizenship ban unconstitutional
A federal appeals court ruled Wednesday that President Donald Trump's executive order to end birthright citizenship is unconstitutional and upheld a nationwide ban on his administration from implementing the measure. A three-judge panel of the U.S. Court of Appeals for the 9th Circuit ruled 2-1 that Trump's directive violates the citizenship clause of the Constitution's 14th Amendment. The president is seeking to deny automatic citizenship to the U.S.-born children of undocumented immigrants and temporary foreign visitors.
Yahoo
14 hours ago
- Politics
- Yahoo
Appeals Court Keeps Block on Trump's Birthright Citizenship Ban
(Bloomberg) -- A federal appeals court in San Francisco affirmed a lower-court ruling blocking President Donald Trump's limits on birthright citizenship. Trump Awards $1.26 Billion Contract to Build Biggest Immigrant Detention Center in US Why the Federal Reserve's Building Renovation Costs $2.5 Billion The High Costs of Trump's 'Big Beautiful' New Car Loan Deduction Salt Lake City Turns Winter Olympic Bid Into Statewide Bond Boom Milan Corruption Probe Casts Shadow Over Property Boom The decision Wednesday by the 9th US Circuit Court of Appeals upholds an earlier ruling by a judge in Seattle who sided with a group of Democratic state officials from Washington, Arizona, Illinois and Oregon and and blocked Trump's executive order nationwide. A federal judge in New Hampshire separately blocked Trump's citizenship restrictions earlier this month. The White House didn't immediately respond to a request for comment. --With assistance from Stephanie Lai. Elon Musk's Empire Is Creaking Under the Strain of Elon Musk Burning Man Is Burning Through Cash A Rebel Army Is Building a Rare-Earth Empire on China's Border It's Not Just Tokyo and Kyoto: Tourists Descend on Rural Japan What the Tough Job Market for New College Grads Says About the Economy ©2025 Bloomberg L.P. Sign in to access your portfolio
Yahoo
14 hours ago
- Politics
- Yahoo
Appeals Court Keeps Block on Trump's Birthright Citizenship Ban
(Bloomberg) -- A federal appeals court in San Francisco affirmed a lower-court ruling blocking President Donald Trump's limits on birthright citizenship. Trump Awards $1.26 Billion Contract to Build Biggest Immigrant Detention Center in US Why the Federal Reserve's Building Renovation Costs $2.5 Billion The High Costs of Trump's 'Big Beautiful' New Car Loan Deduction Salt Lake City Turns Winter Olympic Bid Into Statewide Bond Boom Milan Corruption Probe Casts Shadow Over Property Boom The decision Wednesday by the 9th US Circuit Court of Appeals upholds an earlier ruling by a judge in Seattle who sided with a group of Democratic state officials from Washington, Arizona, Illinois and Oregon and and blocked Trump's executive order nationwide. A federal judge in New Hampshire separately blocked Trump's citizenship restrictions earlier this month. The White House didn't immediately respond to a request for comment. --With assistance from Stephanie Lai. Elon Musk's Empire Is Creaking Under the Strain of Elon Musk Burning Man Is Burning Through Cash A Rebel Army Is Building a Rare-Earth Empire on China's Border It's Not Just Tokyo and Kyoto: Tourists Descend on Rural Japan What the Tough Job Market for New College Grads Says About the Economy ©2025 Bloomberg L.P. Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
