The Ninth Circuit Court of Appeals has blocked the Trump administration’s birth order immigration ban from coming into effect Wednesday.
The appeals judge unanimously ruled that the administration failed to show that the administration was likely to succeed in the merits of the appeal, and urged the panel to go 3-0 against hearing the urgent request.
“The District Court’s emergency motion for a partial stay on February 6, 2025 was denied a provisional injunction,” the judge wrote.
Trump administrator appeals control
President Donald Trump will speak at the executive order he signed at the White House Oval Office on February 11, 2025. (Andrew Harnik/Getty Images)
The ruling leaves a Seattle District Court ruling to temporarily stop the executive order from coming into effect. The court said it would proceed with the June deadline on Wednesday and would take into account the merits of the lawsuit closer.
To date, although multiple district courts have been prevented from becoming effective, no court has sided with the Trump administration’s executive order seeking to ban birthright citizenship.
The Justice Department will characterize the order as an integral part of President Trump’s broader efforts to repair the US immigration system and as an integral part of dealing with the ongoing crisis at the tropical border. That’s what I did.
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The US Citizenship and Immigration Services Seals are displayed on your mobile phone screen. (Beata Zawrzel/Nurphoto via Getty Images)
The executive order banning birthright citizenship is scheduled to come into effect on February 19th, and would have affected hundreds of thousands of children born in the United States each year.
To date, at least 22 US and immigration rights groups have sued the Trump administration over a ban on natural citizenship, and in court returns claim that the executive order is unconstitutional and “unprecedented.”
The executive order in question sought to clarify the 14th Amendment, which states that “all people born or naturalized in the United States are citizens of the United States and states subject to their jurisdiction.”
Instead, language issued by the Trump administration and subsequently blocked, reveals that the parents of illegal immigrants, or those who were legally here but here on a temporary non-immigrant visa, are not birthright citizens. I would have done it.
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Protesters chant during a rally in New York City with President Donald Trump’s immigration policy on January 29 (Yowiwamura/Bloomberg via Getty Images)
The United States is one of approximately 30 countries where birthright citizenship applies.
States that challenge the law claim that the 14th Amendment actually creates citizenship guarantees to those who have been born in the US soil and naturalized in the US.
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Several district courts across the country have previously blocked the order, and the Trump administration urged them to apply for emergency relief earlier this month.
If the Trump administration appeals the 9th Circuit’s decision to the Supreme Court, it will go to Justice Elena Kagan, the justice who oversees the 9th Circuit.
Breanne Deppisch is a 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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