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Appeals Court Strikes Down Trump’s Birthright Citizenship Order as Unconstitutional

FILE - Demonstrators holds up a banner during a citizenship rally outside of the Supreme Court in Washington, May 15, 2025. (AP Photo/Jose Luis Magana, File)

A federal appeals court on Wednesday ruled that former President Donald Trump’s executive order aimed at ending birthright citizenship is unconstitutional, upholding a lower court’s nationwide block on its enforcement.

In a 2-1 decision, a panel from the 9th U.S. Circuit Court of Appeals affirmed that the order—which sought to deny automatic U.S. citizenship to children born on American soil to undocumented or temporary residents—violates the Constitution.

“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 opinion stated.

The decision follows a similar ruling from a federal judge in New Hampshire earlier this year and brings the high-profile issue a step closer to a likely review by the U.S. Supreme Court.

The 14th Amendment guarantees citizenship to “all persons born or naturalized in the United States,” a clause legal scholars and prior court rulings have long interpreted as applying broadly, regardless of parental immigration status.

Wednesday’s ruling marks a significant setback for Trump’s efforts to reshape U.S. immigration policy via executive authority.

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