A United States appeals court on Wednesday, February 20, 2025, denied the Donald Trump administration’s bid to halt a lower court ruling that blocked the president’s executive order seeking to cancel birthright citizenship.
The San Francisco-based 9th U.S. Circuit Court of Appeals rejected, opens a new tab on the Trump administration’s request for an emergency order putting on hold a nationwide injunction issued by a federal judge in Seattle blocking the president’s executive order.
The order has been denied by four judges, but Wednesday’s decision marks the first time an appellate court has weighed in on President Trump’s attempt to deny the constitutional right, perhaps leading to a Supreme Court ruling.
In a concurring opinion, one of the three judges stated that the administration had “not made a’strong showing that [they are] likely to succeed on the merits’ of this appeal.” The judge further stated that emergency relief was not necessary and should be offered only on rare situations.
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“Just because a district court grants preliminary relief halting a policy advanced by one of the political branches does not in and of itself an emergency make,” Judge Danielle Forrest, who was nominated for her seat by Mr. Trump in 2019, wrote. “A controversy, yes. Even an important controversy, yes. An emergency, not necessarily.”
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The panel, which also included George W. Bush and Jimmy Carter appointees, will continue to evaluate the case, with full arguments set for June. The White House has not responded to the panel’s order.
Wednesday’s decision was issued in response to a lawsuit filed in Washington by various states. Judges in Maryland, New Hampshire, and Massachusetts blocked Mr. Trump’s order.
On his first day in office, Trump signed an executive order denying birthright citizenship to children of unauthorised immigrants in the US. The United States government has traditionally interpreted the 14th Amendment to the Constitution to indicate that those born on American soil are citizens at birth, regardless of their parents’ immigration status.
The executive order was part of a sweeping crackdown on unauthorized immigration at the southern border, an issue Trump campaigned heavily on during the 2024 election.
