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The Trump administration is escalating its legal battle over birthright citizenship. Following a recent court ruling that blocked President Trump’s executive order, the Justice Department filed an appeal to the Ninth Circuit Court of Appeals. This swift action came just hours after U.S. District Judge John Coughenour issued a temporary restraining order against the executive order.
During the hearing, Judge Coughenour did not hold back in his criticism of the Trump administration. He accused the government of prioritizing political ambitions over adherence to the rule of law. “It has become ever more apparent that, to our president, the rule of law is but an impediment to his policy goals,” Coughenour stated, emphasizing that the rule of law is not something to be circumvented for personal interests.
By appealing to the Ninth Circuit, which has jurisdiction over several western states, the administration aims to overturn the temporary restraining order. The Ninth Circuit is known for its liberal rulings and could face a significant decision regarding the contentious issue of citizenship.
This recent legal setback mirrors earlier actions taken by another federal judge in Maryland, who also blocked the implementation of the birthright citizenship order. U.S. District Judge Deborah Boardman remarked on the importance of uniform policies regarding citizenship, insisting that no court has sided with the administration on this matter.
Judge Boardman underscored the significance of citizenship, stating it is a “most precious right, expressly granted by the Fourteenth Amendment to the Constitution.” Her comments reflect a broader legal debate over the interpretation of citizenship rights in the United States.
On Inauguration Day, Trump signed the executive order titled “Protecting The Meaning And Value Of American Citizenship.” This directive aims to end the practice of granting citizenship to children born in the U.S. to undocumented immigrants, raising questions about the reading of the 14th Amendment. The amendment states that, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens.”
Disagreement surrounding the interpretation of the 14th Amendment centers on the phrase “subject to the jurisdiction thereof.” Legal experts are split on whether the executive order can effectively change constitutional law. Critics argue that such a major alteration can only be enacted through legislative means rather than executive power.
In light of recent developments, Senate Republicans have introduced a new bill titled the “Birthright Citizenship Act of 2025.” This legislation seeks to reform U.S. citizenship laws by ending automatic citizenship for children of illegal immigrants. The bill’s sponsors, including Senators Lindsey Graham, Katie Britt, and Ted Cruz, argue that such policies contribute significantly to illegal immigration and may undermine national security.
The sponsors believe that addressing this issue through legislation is necessary to close what they describe as one of the largest loopholes in immigration policy.
As this legal battle unfolds, it is crucial to monitor how the courts and Congress address the contentious topic of birthright citizenship. The implications of these discussions will not only affect immigration policy but may also reshape the interpretation of constitutional rights in America.
This report includes contributions from Fox News Digital staff members Louis Casiano, Adam Shaw, and Peter Pinedo.