A federal appeals court has ruled against President Donald Trump’s executive order to limit automatic citizenship for children born in the United States to non-citizen parents, including those in the country illegally or temporarily. The decision, issued Wednesday by the U.S. Court of Appeals for the 9th Circuit, upheld a lower court’s ruling that blocked enforcement of the policy nationwide.
The court found the order unconstitutional, stating that it conflicts with the current legal interpretation of the 14th Amendment.
Court’s Reasoning
Writing for the 2-1 majority, Judge Ronald Gould stated that the executive order “contradicts the plain language of the Fourteenth Amendment’s grant of citizenship.” The ruling concluded that the president does not have the authority to unilaterally change the application of constitutional provisions.
“The President has the power to issue executive orders if they stem either from an act of Congress or from the Constitution itself,” the court wrote. “But one power that the President was not granted… is the power to modify or change any clause of the United States Constitution.”
The decision was supported by two judges appointed by President Bill Clinton. One judge appointed by Trump dissented.
The Executive Order
President Trump issued the order in January 2025, arguing that automatic citizenship should not apply to children born in the United States to parents who are not citizens or lawful permanent residents. The order specifically included those in the country illegally and those present on temporary visas such as student or tourist visas.
Trump’s directive stated: “The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not ‘subject to the jurisdiction thereof.’”
Reactions
White House spokeswoman Abigail Jackson said in a statement: “The Ninth Circuit misinterpreted the purpose and the text of the 14th Amendment. We look forward to being vindicated on appeal.”
Critics of the order praised the ruling, claiming it preserves existing interpretations of citizenship law. Supporters of the executive order, however, argue that the current system incentivizes illegal immigration and misapplies constitutional language.
Representative Claudia Tenney (R-NY) stated on social media, “Birthright citizenship was never meant to be a reward for breaking our immigration laws.” She promoted legislation she co-sponsored — the Constitutional Citizenship Clarification Act — that would limit automatic citizenship to children born to U.S. citizens, lawful permanent residents, or legal immigrants on long-term visas.
Washington State Attorney General Nick Brown (D), who challenged the order in court, said the decision confirms that the president cannot “redefine what it means to be American with the stroke of a pen.”
Broader Legal Context
The case hinges on interpretations the 14th Amendment, which grants citizenship to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.” Trump’s order sought to clarify who qualifies as “subject to the jurisdiction” of the U.S., a phrase that has long been debated by scholars, lawmakers, and courts.
While courts have historically recognized birthright citizenship for nearly all individuals born on U.S. soil, regardless of their parents’ legal status, the Trump administration contends that this reading is overly broad and inconsistent with the original intent of the amendment.
What Comes Next
The Trump administration is expected to appeal the ruling to the U.S. Supreme Court. If the high court agrees to hear the case, it could result in a landmark decision that could either reverse or uphold decades of precedent.
Until then, the existing legal interpretation of the 14th Amendment remains in effect.
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And once again, how is entering this Country illegally “subject to the jurisdiction thereof”???? Does not seem to be subject to any jurisdiction except lawlessness. Madness!!!