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The federal appeals court hears oral debate on Friday afternoon in a challenge to President Donald Trump’s executive order, one of the US birthright citizenship, one of the US’s birthright citizenship, one of several lower court cases that shaped after the Supreme Court’s landmark ruling in June.
A panel of three judges from the U.S. First Circuit Court of Appeals agreed to hear the debate this summer in two unified cases centered around the issue. v. Trump, and New Jersey v. Trump will join several other courts of appeals when considering the legality of Trump’s executive order.
The hearing comes about five weeks after the Supreme Court partially sidked with the Trump administration in a case centered on a birthright citizenship order. The judges narrowed when lower courts issued so-called “universal injunctions” to prevent the president’s order from becoming effective nationwide.
Trump signed an executive order on birthright citizenship on his first day in office. It seeks to clarify the 14th Amendment, which states that “all people born or naturalized in the United States and who are subject to their jurisdiction are citizens of the United States and the state in which they live.”
The 9th Circuit rejects Trump’s bid to restore birthright citizenship order
Supreme Court judges will take part in President Donald Trump’s inauguration at the US Capitol on January 20, 2025 (Chip Somo Devila/Pool via Reuters)
Instead, the language issued and subsequently blocked by the Trump administration would have made it clear that the parents of illegal immigrants, or those who were legally here but here on a temporary non-immigrant visa, are not birthright citizens.
The Supreme Court refuses to govern this merit and instead gives the Trump administration 30 days to outline how it will enforce the order, effectively bringing the matter back to the lower court. So far, the administration has not been very successful.
A federal judge in New Hampshire issued a nationwide injunction last month blocking Trump’s order from taking power, finding that every infant born in the United States will be denied citizenship under the order.
The discussion before the First Circuit came just a week after the Ninth Circuit Court of Appeals, prevented Trump’s birthright citizenship order from being enforced nationwide.
A 9th Circuit judge voted 2-1 to block order and found it unconstitutional as a democratic-led state.
Protesters will hold a banner at a citizenship rally outside the Supreme Court in Washington on May 15, 2025.
They also ruled that “it is impossible to avoid this harm” caused by the order “it is impossible to avoid this harm” which prompted them to issue a nationwide injunction.
“The following district courts have concluded that a universal interim injunction is needed to provide full relief to the state,” US Circuit Judge Ronald Gould, who writes for the Ninth Circuit majority, said in the ruling.
“We conclude that the district court did not abuse its discretion in issuing a universal injunction to provide full relief to the state.”
Olga Urbina and her nine-month-old son Ares Webster are taking part in an out-of-U.S. Supreme Court protest over President Donald Trump’s move to end birthright citizenship to hear the court’s claims over the order on May 15, 2025 in Washington, D.C.
It is unclear how judges in the First Circuit will control. But their verbal debate comes days after the Trump administration detailed new details on how the order in question will be enforced.
Guidance from about half a dozen US agencies in the US outlines these new requirements for parents. One of the documents issued by the Social Security Administration outlines the new requirements parents need to meet to prove that their child is a US citizen at birth.
“In regards to citizenship, SSN applicants can now demonstrate their US citizenship by providing birth certificates indicating their place of birth,” the SSA document states.
“When EO is enforced, birth certificates indicating where they live in the United States are not sufficient documentary evidence of US citizenship for those born after EO has come into effect.”
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The policy, which remains suspended by lower courts, is not widely popular.
More than 22 US states and immigration rights groups have sued the Trump administration to stop changes to birthright citizenship, claiming in court applications the executive order is unconstitutional and “unprecedented.”
And to this day, no court has sided with the Trump administration’s executive order seeking to ban birthright citizenship, but several district courts have hampered it, including retreating the Supreme Court’s decision.
Breanne Deppisch is a national political reporter for Fox News Digital, covering the Trump administration, focusing on the Department of Justice, the FBI and other national news.
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