A federal appeals court delivered a blow to Donald Trump’s executive order ending birthright citizenship, deeming it unconstitutional. It’s the latest step in an ongoing battle between Trump and various judges in states far over his plan to deny citizenship to U.S.-born children of illegal migrants.

The ruling from a three-judge panel of the 9th U.S. Circuit Court of Appeals comes after Trump´s plan was also blocked by a federal judge in New Hampshire. It brings the issue one step closer to coming back quickly before the Supreme Court.

The 9th Circuit decision keeps a block on the Trump administration enforcing the order that would deny citizenship to children born to people who are in the United States illegally or temporarily. ‘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 2-1 ruling keeps in place a decision from U.S. District Judge John C. Coughenour in Seattle, who blocked Trump´s effort to end birthright citizenship and decried what he described as the administration´s attempt to ignore the Constitution for political gain. The White House and Justice Department did not immediately respond to messages seeking comment.

The Supreme Court has since restricted the power of lower court judges to issue orders that affect the whole country, known as nationwide injunctions. But the 9th Circuit majority found that the case fell under one of the exceptions left open by the justices.

…

The Citizenship Clause of the 14th Amendment says that all people born or naturalized in the United States, and subject to U.S. jurisdiction, are citizens. Justice Department attorneys argue that the phrase ‘subject to United States jurisdiction’ in the amendment means that citizenship isn´t automatically conferred to children based on their birth location alone. The states – Washington, Arizona, Illinois and Oregon – argue that ignores the plain language of the Citizenship Clause as well as a landmark birthright citizenship case in 1898 where the Supreme Court found a child born in San Francisco to Chinese parents was a citizen by virtue of his birth on American soil.

Appeals court finds effort to end birthright citizenship illegal

It’s the latest step in an ongoing battle between Trump and various judges in states far over his plan to deny citizenship to U.S.-born children of illegal migrants.

https://www.dailymail.co.uk/news/article-14934995/Court-decision-Donald-Trump-birthright-citizenship.html