“Rather than engaging seriously with the [question of birthright citizenship] … the defendants complained about the Court’s briefing order, sought to reopen questions that are not properly before this Court now, and quibbled about whether they should be required to participate meaningfully in [proceedings],” the ruling states.
A federal appeals court has upheld an injunction against President Donald Trump’s executive order on birthright citizenship, finding that its provisions likely violate the U.S. Constitution.
According to The New York Times, the 48-page opinion was issued on Wednesday by a panel for the U.S. Court of Appeals for the Ninth Circuit. In the split 2-3 decision, the judges found that the executive order “contradicts the plain language of the 14th Amendment’s grant of citizenship to ‘all persons born in the United States and subject to the jurisdiction thereof.’”
The appeals court also rejected the U.S. Department of Justice’s argument that “subject to the jurisdiction thereof” does not necessarily include all persons born on American soil but only those who are born to parents with citizenship or an immigrant visa.
“The Court finds again, as it did before, that the plaintiffs have met their burden of establishing entitlement to … injunctive relief in a form that protects them against the irreparable and financial and administrative burdens that they have shown the … unlawful Executive Order would visit upon them,” the majority wrote. “The plaintiffs have done so by advancing persuasive legal arguments backed by a formidable evidentiary showing. In other words, they have put in the hard work of marshaling the facts and the law to support the causes of action and requests for relief they articulate in this lawsuit.”
The majority also reserved some space in its concluding section to criticize the Trump administration’s approach to the case.
“Rather than engaging seriously with the [question of birthright citizenship] … the defendants complained about the Court’s briefing order, sought to reopen questions that are not properly before this Court now, and quibbled about whether they should be required to participate meaningfully in [proceedings],” the ruling states.
Attorneys involved in the lawsuit have since framed the decision as a significant victory against the Trump administration.
“Today’s decision leaves in place a nationwide injunction in our lawsuit challenging the President’s executive order attempting to end the constitutional right to birthright citizenship while litigation continues,” California Attorney General Rob Bonta said in a press release. “It also reaffirms what we’ve argued from the start: Our states are harmed if those born in the United States are deprived of the right to citizenship. And it is unrealistic and infeasible to recognize the citizenship of those born in some states, but not others. We are pleased that the district court agreed. We will continue to fight to make sure this unconstitutional, anti-American executive order is blocked for good.”
Sources
Appeals Court Blocks Trump’s Attempt to Restrict Birthright Citizenship
Attorney General Bonta Sues Trump Administration Over Unconstitutional Birthright Citizenship Order
Join the conversation!