BOSTON (AP) — In a landmark ruling on Friday, the 1st U.S. Circuit Court of Appeals determined that the Trump administration cannot withhold U.S. citizenship from children born to undocumented or temporarily present parents. This decision adds to a growing list of legal setbacks for the administration’s attempts to alter historical precedent on birthright citizenship.
A panel of three judges stated that the plaintiffs, who argued against the executive order passed in January, are likely to prevail in their claims that they are entitled to birthright citizenship under the Citizenship Clause of the 14th Amendment.
The appeals court upheld lower courts' injunctions, which blocked the executive order while legal challenges continue. The president’s directive sought to stop automatic citizenship for children born in the U.S. to parents without legal status.
“The judicial system should be wary of endorsing efforts to disrupt the established tradition of recognizing birthright citizenship, which in most cases depends on the simple fact of being born in the United States,” the court emphasized in its decision.
California Attorney General Rob Bonta, whose state is one of nearly 20 involved in the lawsuit, expressed approval of the ruling. Bonta reiterated that the attempts to eliminate birthright citizenship violate the Constitution. “The President’s actions are fundamentally at odds with the Fourteenth Amendment,” he stated.
The order has faced opposition nationwide, with federal courts across the country blocking it. Following a significant Supreme Court ruling in June, U.S. District Judge Leo Sorokin in Boston previously ruled against the order, prompting the administration to appeal the decision.
Justice Department attorneys argued that the phrase “subject to the jurisdiction” in the 14th Amendment implies that not all children born in the U.S. automatically receive citizenship, a stance that has faced severe skepticism in light of historical rulings.
As previous cases and rulings build momentum, including a Supreme Court decision from 1898 that established citizenship rights for children born on American soil, the issue is poised to once again reach the higher courts. The discourse surrounding immigration and citizenship continues to evolve, highlighting ongoing debates about rights, legality, and the future of American citizenship.
In a statement following the recent ruling, White House spokesperson Abigail Jackson disputed the court’s interpretation, asserting, “We look forward to being vindicated by the Supreme Court.”
