A federal appeals court has upheld a lower court ruling blocking President Donald Trump’s attempt to end birthright citizenship in the United States, calling the executive order “likely unconstitutional.”
In a 100-page opinion, the First Circuit Court of Appeals affirmed a Boston district court’s injunction against Trump’s executive order, which sought to deny automatic citizenship to children born in the U.S. to undocumented immigrants or temporary visa holders.
The court highlighted America’s long legal tradition of protecting birthright citizenship under the 14th Amendment, ratified in 1868, noting that attempts to restrict it from the Dred Scott decision before the Civil War to challenges during the Chinese Exclusion Act era were ultimately rejected.
The lessons of history give us every reason to be wary of now blessing this most recent effort to break with our established tradition of recognizing birthright citizenship,” the court’s chief justice wrote.
Trump first signed the executive order in his opening week of office, sparking multiple lawsuits from states and immigrant families. Federal judges in several states previously blocked the order, and now the appeals court ruling adds to the legal setbacks.
The Trump administration has already petitioned the Supreme Court to review the policy’s constitutionality, with two cases pending, one from four states and another from parents whose children would be affected.
Although the Supreme Court addressed the issue earlier this year, the justices did not rule directly on the merits, instead narrowing lower courts’ ability to issue nationwide injunctions.
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