On June 4, 2025, the 9th Circuit Court of Appeals in the United States will hear arguments for the first time on the constitutionality of President Donald Trump’s executive order limiting automatic birthright citizenship.
President Trump signed the executive order on January 20, his first day back in the White House, requiring federal agencies to deny citizenship to children born in the U.S. to parents who are not U.S. citizens or lawful permanent residents (green card holders).
The Trump administration argues that the citizenship clause of the 14th Amendment to the Constitution does not apply to undocumented immigrants or legal residents with temporary status, such as students or holders of work visas.
For years, this clause has been understood to recognize almost everyone born in the U.S. as a U.S. citizen.
A panel of three judges from the 9th Circuit Court of Appeals will hear the appeal of a judge’s ruling in Seattle. The ruling blocked the implementation of Trump’s executive order nationwide.
On February 6, federal judge John Coughenour in Seattle issued a preliminary injunction, deeming Trump’s action unconstitutional. Federal judges in Massachusetts and Maryland also issued similar injunctions, preventing the executive order from being implemented nationwide.
The plaintiffs are Democratic state attorneys general from 22 states and immigration rights advocates. They argue in their lawsuit challenging Trump’s order that it violates the citizenship clause of the 14th Amendment to the U.S. Constitution.
The panel of the 9th Circuit Court of Appeals includes two judges appointed by Democratic President Bill Clinton and one judge appointed by Trump during his first presidential term.
Meanwhile, the U.S. Supreme Court is also considering the Trump administration’s request to allow the executive order to take effect.
On May 15, the Supreme Court heard arguments on the Trump administration’s proposal to narrow the scope of three injunctions against its executive order. The arguments did not focus on the constitutional basis of Trump’s order, but rather on whether a single judge has the authority to issue a nationwide injunction to block Trump’s directive.
The Supreme Court has not yet issued a ruling, but it is expected to potentially allow Trump’s executive order to take effect in most parts of the country.
The plaintiffs argue that if President Trump’s order takes effect nationwide, over 150,000 newborns each year would be unable to obtain citizenship.
(This article references reporting from Reuters)