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President Donald Trump’s executive order (EO) faced another legal setback by ending birthright citizenship after the federal court of appeals found it unconstitutional on Wednesday.
San Francisco’s 9th Circuit Court of Appeals has confirmed the lower court’s decision to block EO’s nationwide enforcement.
A panel of three judges opposed Trump’s plan by 2-1 votes, maintaining the initial decision made by District Judge John C. Cornough of Seattle.
“The district court correctly concluded that the proposed interpretation of the executive order denying the citizenship of many people born in the United States is unconstitutional.
Scotts tests rules regarding Trump’s birthright citizenship order, lower court authority
President Donald Trump’s push to end birthright citizenship through executive orders meets another legal challenge following a decision to confirm that a lower court decision of the 9th U.S. Circuit Court of Appeals obstructs the order. (Getty Images)
The Supreme Court has since restricted lower courts from issuing national injunctions, but the majority of the Ninth Circuit ruled against EO after discovering cases that they fell into exceptions opened by Scotus judges.
The state filed a lawsuit against the Trump administration after arguing that a nationwide order was needed to block EO to prevent problems arising from birthright citizenship banned in some states.
“The district court concluded that it did not abuse discretion in issuing a universal injunction to provide full relief to the state,” Michael Hawkins and Ronald Gould wrote that both were appointed by former President Bill Clinton.
Trump’s appointee, Judge Patrick Bumatay, challenged the state after finding it does not have the legal right to sue the Trump administration or stands.
He did not oppress the constitutionality of ending birthright citizenship.
How the Supreme Court Injunction advances Trump’s battle for birthright citizenship
The 14th Amendment citizenship clause states that it is people born or naturalized in the United States, or “a subject of US jurisdiction,” but Justice Department lawyers argue that it does not mean that the child is a citizen of the United States based on where it was automatically born.
Olga Urbina and her nine-month-old son protested outside the U.S. Supreme Court in May 2025 against President Donald Trump’s move to end birthright citizenship. (Drew Angerer/AFP via Getty Images)
Trump’s EO denied American citizenship to a child born to a mother who had no legal or permanent status in the United States, and his father did not hold legal or permanent status.
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The Trump administration faces at least nine lawsuits nationwide that challenge EO.
The Associated Press contributed to this report.
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