A U.S. appeals court on Wednesday denied the Trump administration’s bid to pause a lower court ruling that blocked the president’s executive order seeking to terminate birthright citizenship.
The 9th U.S. Circuit Court of Appeals declined an emergency request from the Justice Department that sought to pause a lower-court judge’s order. Four separate judges have blocked the order, but Wednesday’s decision marks the first time an appellate court has weighed in on President Trump’s attempt to deny the constitutional right, an issue that could end up before the Supreme Court.
One of the judges on the three-judge panel said in a concurring opinion that the administration had “not made a ‘strong showing that [they are] likely to succeed on the merits’ of this appeal.” The judge also noted emergency relief was not warranted, and that such relief should only be granted on rare occasions.
“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.”
The panel, which also comprised a George W. Bush appointee and a Jimmy Carter appointee, will continue to review the case, with full arguments scheduled for June.
The White House has not issued any statement regarding the panel’s order.
Wednesday’s order was in response to a lawsuit from multiple states that was filed in Washington state. Mr. Trump’s order has also been blocked by judges in Maryland, New Hampshire and Massachusetts.
On his first day in office, Trump issued an executive order to deny birthright citizenship to the children of undocumented immigrants in the U.S. The U.S. government has long interpreted the 14th Amendment of the Constitution to mean that those born on American soil are citizens at birth, regardless of a parent’s 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.
