BOSTON (AP) — A federal appeals court in Boston ruled on Friday that the Trump administration cannot withhold citizenship from children born to people in the country illegally or temporarily. This ruling adds to the mounting legal setbacks faced by the president's controversial birthright order.
The 1st U.S. Circuit Court of Appeals, in a decision delivered by a three-judge panel, became the fifth federal court since June to either issue or uphold injunctions blocking the birthright order. The court articulated that the plaintiffs are likely to prevail in their argument asserting that children covered by the executive order are entitled to citizenship under the Citizenship Clause of the 14th Amendment.
By sustaining previous court orders that mandated a halt to the birthright initiative, the Boston appeals court reinforced a legal foundation that recognizes the rights of children born in the United States, irrespective of their parents' immigration status. The contested order, enacted on Trump's first day in office, aimed to suspend automatic citizenship for infants born to parents with questionable legal status.
The judges referenced historical implications, cautioning against undermining the established tradition of recognizing birthright citizenship. The court stated, 'The lessons of history thus give us every reason to be wary of now blessing this most recent effort to break with our established tradition...'
California Attorney General Rob Bonta, who was instrumental in the lawsuit, welcomed the decision, emphasizing that it upholds the constitutional rights of American citizens and highlights the significance of the 14th Amendment. Bonta stated in a statement, 'The President’s attack on birthright citizenship flagrantly defies the Fourteenth Amendment...'
Legal experts indicate that the issue surrounding birthright citizenship is likely to escalate towards the U.S. Supreme Court, following a notable ruling that disallowed nationwide injunctions yet left room for other impactful court orders.
In September, the Trump administration filed an appeal to uphold its birthright citizenship order after facing numerous legal challenges. Advocates and legal critics assert that the various studies affirm that the principle of birthright citizenship is firm and cannot be disregarded by executive decree.
This court ruling reiterates the historic precedent established in 1898 when the Supreme Court affirmed that a child born in the U.S. is a citizen, regardless of their parent's immigrant status. As the legal battle unfolds, the implications of this ruling may drastically shape the future of immigration policies in the United States.
