The Ninth Circuit Court of Appeals on Wednesday said President Trump’s birthright citizenship executive order is unconstitutional.
In a 2-1 ruling, the appeals court upheld a nationwide injunction against Trump’s order.
The three-judge panel included: Majority: Judge Gould (Clinton), Judge Hawkins (Clinton) – Dissent: Judge Bumatay (Trump).
“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 wrote.
The appeals court decision comes after the Supreme Court limited lower courts’ ability to issue nationwide injunctions.
CNN reported:
A federal appeals court on Wednesday issued another major blow to President Donald Trump’s executive order seeking to end birthright citizenship, ruling that it’s unconstitutional and upholding a nationwide block against the controversial policy.
The 2-1 ruling from the 9th US Circuit Court of Appeals is significant because the Supreme Court late last month ordered lower courts to take a second look at a set of nationwide injunctions issued earlier this year that halted Trump’s implementation of his Day One order to ensure they weren’t broader than necessary.
The San Francisco-based appeals court decided that one such injunction issued by a federal judge in Seattle in a case brought by a group of Democratic-led states did not represent a judicial overreach that needed to be reined in.
Four federal judges have blocked President Trump’s birthright citizenship executive order.
According to President Trump’s order, the 14th Amendment is being misinterpreted by the left to give citizenship to ‘anchor babies.’
“It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons: (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth,” Trump’s order stated.
Trump’s order argued the 14th Amendment has always excluded babies born to people in the US illegally.
“[The] Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not “subject to the jurisdiction thereof.” Consistent with this understanding, the Congress has further specified through legislation that “a person born in the United States, and subject to the jurisdiction thereof” is a national and citizen of the United States at birth, 8 U.S.C. 1401, generally mirroring the Fourteenth Amendment’s text,” the order stated.
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