San Francisco, A US federal appeals court ruled today that President Donald Trump’s executive order of curtailing birthright citizenship is unconstitutional.
A panel of judges on the 9th U.S. Circuit Court of Appeals wrote that Trump’s order is “invalid because it contradicts the plain language of the Fourteenth Amendment’s grant of citizenship to ‘all persons born in the United States and subject to the jurisdiction thereof.”
The policy, which has been the subject of a months long legal back-and-forth, is currently on hold.
But today’s decision appears to mark the first time that an appellate court has weighed in on the merits of Trump’s attempt to end birthright citizenship for many children of undocumented immigrants by executive order.
The 2-1 ruling upholds a nationwide block on the controversial policy. The San Francisco-based appeals court also determined that an injunction issued by a federal judge in Seattle did not constitute judicial overreach.
“The district court below concluded that a universal preliminary injunction is necessary to provide the states with complete relief. We conclude that the district court did not abuse its discretion in issuing a universal injunction in order to give the states complete relief,” appeals court Judge Ronald Gould wrote.
According to a CNN report, Wednesday’s decision also represents the first time an appeals court has fully concluded that Trump’s order is unconstitutional.
The Trump administration has the option of asking the full 9th Circuit to review the case, but it could also appeal the matter straight to the Supreme Court, the report said.
“States’ residents may give birth in a non-party state, and individuals subject to the Executive Order from non-party states will inevitably move to the States,” The Hill reported US Circuit Judge Ronald Gould as saying.
Gould’s decision was joined by US Circuit Judge Michael Hawkins,who like Gould was appointed by former President Clinton.
US Circuit Judge Patrick Bumatay, a Trump appointee, dissented, saying the states had no legal right to bring the case.
Source: UNI News
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