The constitutionality of President Donald Trump’s executive order aimed at restricting automatic birthright citizenship is set for its first review by a US appeals court on Wednesday, even as the Supreme Court considers whether the administration should be allowed to enforce the directive.
A three-judge panel of the 9th US Circuit Court of Appeals will hear arguments in Seattle as the Trump administration challenges a ruling that blocked the enforcement of the order nationwide. The directive forms a key part of the Republican president’s stringent immigration policy.
US District Judge John Coughenour, based in Seattle, issued a preliminary injunction on 6 February, calling Trump’s order “blatantly unconstitutional” and accusing the president of disregarding the rule of law for political and personal purposes. Federal judges in Maryland and Massachusetts have also issued nationwide injunctions against the directive.
The order, signed on 20 January—Trump’s first day back in office—directed federal agencies to deny citizenship to children born in the United States unless at least one parent is a US citizen or lawful permanent resident.
Democratic attorneys general from 22 states and immigrant rights advocates argue that the directive violates the 14th Amendment’s citizenship clause, which has long been interpreted to grant citizenship to nearly all individuals born on US soil.
In response, the administration claims that the 14th Amendment does not extend citizenship to children of immigrants who are either in the country illegally or present lawfully but temporarily, such as students or temporary workers.
The panel hearing the case consists of two judges appointed by Democratic President Bill Clinton and one appointed by Trump during his first term.
Meanwhile, the Supreme Court, which holds a 6-3 conservative majority, heard arguments on 15 May related to the legality of nationwide injunctions but did not address the merits of Trump’s order. A decision from the Court could potentially enable the directive to take effect in various parts of the country.
According to the plaintiffs, more than 150,000 newborns could be denied citizenship each year if the order is implemented nationally.
Judge Coughenour, who was appointed by Republican President Ronald Reagan, is overseeing the legal challenge brought by the states of Washington, Arizona, Illinois, and Oregon, along with several pregnant women.
Faridah Abdulkadiri
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