A United States appeals court has rejected President Donald Trump-led administration’s request to halt a lower court ruling that blocked the president’s executive order seeking to terminate birthright citizenship.
The 9th U.S. Circuit Court of Appeals on Wednesday declined an emergency request from the Justice Department to pause a district court’s order.
While four judges have previously blocked the order, this marks the first time an appellate court has ruled on the matter, setting the stage for a potential Supreme Court battle over President Trump’s attempt to restrict birthright citizenship.
In a concurring opinion, one judge on the three-judge panel stated that the administration had “not made a ‘strong showing that [they are] likely to succeed on the merits’ of this appeal.”
The judge further noted that emergency relief was unwarranted, emphasising that such relief should only be granted in rare cases.
“Just because a district court grants preliminary relief halting a policy advanced by one of the political branches does not in and of itself an emergency make,” wrote Judge Danielle Forrest, a Trump nominee. “A controversy, yes. Even an important controversy, yes. An emergency, not necessarily.”
The panel, which also included a George W. Bush appointee and a Jimmy Carter appointee, will continue reviewing the case, with full arguments scheduled for June.
The White House has not commented on the decision.
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Wednesday’s ruling follows a lawsuit filed by multiple states in Washington state and comes after similar blocks by judges in Maryland, New Hampshire, and Massachusetts.
On his first day in office, Trump signed an executive order aimed at denying birthright citizenship to children of undocumented immigrants.
The U.S. government has long interpreted the 14th Amendment to guarantee citizenship to individuals born on American soil, regardless of their parents’ immigration status.
However, Trump’s order is part of his broader crackdown on unauthorized immigration, a key issue of his 2024 campaign.
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