Trump’s Bid to End Birthright Citizenship: Latest Legal Block Keeps It from Taking Effect This Weekend

A recent Supreme Court ruling changed the game for President Trump’s plan to end birthright citizenship. Though the court’s decision cast a slight opening for enforcement, several lower courts quickly stepped in to halt the effort.

Trump had hoped to begin enforcement following a 30-day pause set by the justices. However, lower courts blocked his executive order, leading to multiple adverse rulings that might prevent its implementation altogether.

In one case, a federal judge in New Hampshire stopped Trump’s order via a class-action lawsuit filed by the American Civil Liberties Union. Such lawsuits were suggested by the Supreme Court as a way to challenge the administration’s plans.

The Justice Department has not appealed this decision from Judge Joseph LaPlante, a Bush appointee. Then, a federal appeals court upheld an earlier nationwide injunction against Trump’s order, stating it did not overreach judicial power. The court directed other judges to reconsider broad injunctions but also issued a ruling supporting the states’ claims against Trump’s order.

“We conclude that the district court did not abuse its discretion,” the 9th Circuit Court stated in a 2-1 decision against Trump, indicating that the order is likely unconstitutional.

Another setback for the administration occurred when Judge Leo Sorokin reinforced that Trump’s policy “is unconstitutional and contrary to a federal statute.” This judgment builds on a strong tradition of legal challenges: every court that has examined Trump’s policy so far found it unconstitutional.

Trump’s executive order, signed on January 20, aimed to deny citizenship to children born in the U.S. to undocumented parents. Courts widely reject this approach based on the 14th Amendment, among other legal precedents.

Jessica Levinson, a constitutional law expert, noted that the administration’s focus on technical questions instead of the merits of the executive order could hint at a larger strategy to limit lower courts’ powers. “They are strategic in their approach,” Levinson explained. “This could pave the way for more rulings against the birthright order.”

Polling shows that public opinion is divided on this issue, with recent surveys finding that nearly 60% of Americans support retaining birthright citizenship. As more states challenge the order, we might see additional adverse rulings. A judge in Maryland recently hinted that she would block the order again if the case is returned to her court.

As it stands, the administration is tasked with drafting guidelines for implementing the policy. However, there’s been no update on what these guidelines entail, further adding to the uncertainty surrounding the birthright citizenship issue.

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