A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled Wednesday that former President Donald Trump’s executive order ending birthright citizenship violates the 14th Amendment’s guarantee to “all persons born…in the United States” and upheld a nationwide injunction against its enforcement .
The decision, issued by Judges Michael Day Hawkins and Ronald M. Gould, found that Trump’s directive—limiting automatic citizenship to children born to at least one citizen or lawful resident parent—flouts clear constitutional text and longstanding Supreme Court precedent . A partial dissent by Judge Patrick J. Bumatay argued only states lacked standing but did not dispute the amendment’s unambiguous guarantee .
Civil-rights groups celebrated the ruling as a victory for immigrant families, ensuring that children born on U.S. soil retain full citizenship rights, while the White House declined immediate comment on next steps . Legal experts predict the Supreme Court will soon weigh the matter, given conflicting lower-court decisions on the limits of executive power under the 14th Amendment.
Observers warn that a final Supreme Court review could reshape American nationality law, clarifying whether presidents can unilaterally reinterpret constitutional birthright protections. The case also tests the power of federal courts to block sweeping executive actions, especially in light of recent rulings limiting universal injunctions .
With the injunction intact pending appeal, government agencies remain barred from enforcing any policy that revokes citizenship from U.S.-born children. The Supreme Court’s willingness to hear the appeal will determine if Trump’s long-cherished goal of ending birthright citizenship can advance or is permanently foreclosed by constitutional text.
