Appeals court refuses to let Trump administration end birthright citizenship

Yahoo

20-02-2025

Feb. 19 (UPI) -- A three-panel appeals court on Wednesday continued to block the Trump administration from ending birthright citizenship for children of immigrants, setting up a likely appeal to the U.S. Supreme Court.
The San Francisco-based 9th U.S. Circuit Court of Appeals declined an emergency motion from the Justice Department to lift the hold by Seattle District Judge John Coughenour blocking President Donald Trump's executive order.
The panel found the Justice Department didn't make a "strong showing that they are likely to succeed on the merits of this appeal."
Trump-appointed Judge Danielle Forrest took issue with the Justice Department's characterization of an emergency.
"It is routine for both executive and legislative policies to be challenged in court, particularly where a new policy is a significant shift from prior understanding and practice," she writes. "And just because a district court grants preliminary relief halting a policy advanced by one of the political branches does not in and of itself an emergency make. A controversy, yes. Even an important controversy, yes. An emergency, not necessarily."
The other panel judges were William Canby, appointed by President Jimmy Carter, and Milan Smith, by President George W. Bush.
Coughenour's decision was issued three days after Jan. 20, Trump's first day back in office and the day he signed the executive order to end birthright citizenship. The suit was filed Jan. 21.
"I have been on the bench for over four decades," Coughenour, who was appointed by President Ronald Reagan, said. "I can't remember another case where the case presented is as clear as it is here. This is a blatantly unconstitutional order."
Coughenour approved the restraining order request from four Democratic-led states: Arizona, Illinois, Oregon and Washington.
The Ninth Circuit serves western states.
The 14th Amendment of the U.S. Constitution guarantees birthright citizenship. According to the U.S. National Archives, the 14th Amendment ratified in 1868 "extended liberties and rights granted by the Bill of Rights to formerly enslaved people."
Section 1 of the 14th Amendment said: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
If children born in the United States to undocumented immigrants were denied constitutional birthright citizenship, they wouldn't be able to travel freely and re-enter the United States and could not get Social Security numbers.
Justice Department lawyers defending Trump's order said the states lack legal standing to block the order.
"A third party, including a state, has no legally cognizable interest in the recognition of citizenship by the federal government of a particular individual -- let alone economic benefits or burdens that are wholly collateral to citizenship status," Justice Department litigator Brad Rosenberg wrote.
There have been three other birthright cases filed and appealed.
On Jan. 21, 23 Democratic attorneys general filed legal challenges to defend birthright citizenship, arguing the president lacks legal authority to rewrite the Constitution or the U.S. Immigration and Nationality Act. On Feb. 10, Judge Joseph Laplante in New Hampshire, appointed by President George W. Bush, ordered an injunction.
His district is under the First Circuit.
Also on Jan. 21, five plaintiffs of pregnant women not legally recognized immigrants and two nonprofits that work with migrants filed suit. On Feb. 5, U.S District Court Judge Deborah Boardman of Maryland blocked nationwide enforcement of the order.
Her district is under the U.S. Fourth Circuit Court.
On Feb. 1, 18 states filed suit in Massachusetts. On Thursday, U.S. District Judge Leo Sorokin, who was appointed by President Barack Obama, granted a preliminary injunction of the executive order.
His district is in the First Circuit.