Appeals court declines to reinstate Trump's birthright citizenship order
NBC1 day ago
Appeals Court Blocks Trump's Birthright Citizenship Order
Above: US Pres. Donald Trump delivers remarks at his Mar-a-Lago resort on Feb. 18, 2025. Image copyright: Joe Raedle/Staff/Getty Images News via Getty Images
The Facts
The 9th US Circuit Court of Appeals on Wednesday denied the Justice Department's (DOJ) emergency request to reinstate an executive order that would have prohibited children born to undocumented immigrants or temporary visa holders in the US from attaining birthright citizenship.
A three-judge panel — comprised of appointees by Pres. Donald Trump, and former presidents Jimmy Carter and George W. Bush — unanimously ruled that the administration failed to demonstrate a strong likelihood of success on the merits of their appeal.
Judge Danielle Forrest, a Trump appointee, wrote in a concurring opinion that, while the case presents an important controversy, it doesn't constitute an emergency requiring immediate court intervention.
The Spin
Republican narrative
These judges need to stop interfering with legitimate policy. Trump is revoking birthright citizenship in order to repair a broken immigration system, and the 14th Amendment's phrase "subject to the jurisdiction thereof" excludes children of those who entered the country unlawfully or temporarily, as they maintain allegiance to foreign powers.
Democratic narrative
The judiciary is an important check on power to stop Trump's executive orders from overriding established constitutional rights. The Constitution unequivocally guarantees citizenship to all persons born on US soil, regardless of their parents' status — an interpretation that has been consistently upheld for over a century.