Court ruling blocks attempt to modify the 14th Amendment
A three-judge panel of the 9th Federal Court of Appeals ratified this Wednesday the unconstitutionality of former President Donald Trump’s executive order, which sought to eliminate birthright citizenship for children of undocumented or temporary migrants. The decision, by a 2-1 vote, upholds the previous blocking issued by a lower court in Seattle, thus strengthening the protection of this right enshrined in the Citizenship Clause of the 14th Amendment.
Legal context and key arguments
The dispute revolves around the interpretation of the phrase “subject to the jurisdiction of the United States” in the 14th Amendment. While the Justice Department under Trump argued that this excluded children of irregular migrants, the plaintiff states—Washington, Arizona, Illinois and Oregon—cited the precedent ofUnited States v. Wong Kim Ark(1898), where the Supreme Court established that the place of birth determines citizenship, regardless of the immigration status of the parents.
Judges Michael Hawkins and Ronald Gould, appointed by Bill Clinton, emphasized that the national injunction was necessary to avoid “a patchwork of conflicting laws” between states. In contrast, Judge Patrick Bumatay, nominated by Trump, disagreed by questioning the states’ active standing, although he avoided ruling on the merits of the case.
Implications and next steps
This ruling brings the issue closer to potential review by the Supreme Court, which in recent years has limited the scope of national precautionary measures. However, the majority of the 9th Circuit determined that this case meets the permitted exceptions, given the interstate impact and the need for legal uniformity.
The decision temporarily preserves the status quo while litigation continues, but underscores judicial resistance to unilateral modifications of constitutional rights. Experts in immigration law highlight that, if Trump’s interpretation were successful, a class of “generational stateless people” would have been created, violating international human rights principles.
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