A federal appeals court on Friday blocked Donald Trump’s directive to end birthright citizenship for children of parents who are in the US through illegal channels, claiming it as “unconstitutional.” This is the third court ruling to block the birthright order since the US Supreme court’s decision in June.
Appeals Court Upholds Block On Trump’s Birthright Citizenship Order
In a third ruling since the Supreme court order, the court blocked the directive after it found an exception and issued a nationwide injunction.
The three-judge panel of the ninth US Court of Appeals made the ruling after Trump’s order was previously blocked by a federal judge in New Hampshire. The states have argued that Trump’s order will threaten millions of dollars of health insurance services that are based on citizenship status, AP reported.
The Appeals court stated that “The district court correctly concluded that the Executive Order’s proposed interpretation, denying citizenship to many persons born in the United States, is unconstitutional. We fully agree,” the majority wrote.
The issue is now expected to quickly come back to the Supreme Court. New Jersey Attorney General Matthew Platkin, who helped lead the lawsuit before Sorokin, said in a statement he was “thrilled the district court again barred President Trump’s flagrantly unconstitutional birthright citizenship order from taking effect anywhere,” AP reported.
“American-born babies are American, just as they have been at every other time in our Nation’s history,” he added. “The President cannot change that legal rule with the stroke of a pen."
The Supreme court had earlier restricted the power of lower court judges to issue nationwide injunctions. However, the ninth circuit court majority found one exception. “We conclude that the district court did not abuse its discretion in issuing a universal injunction in order to give the States complete relief,” Judge Michael Hawkins and Ronald Gould wrote.
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