US appeal court dismisses Trump’s birthright citizenship order
In a major legal defeat for US President Donald Trump, a federal appeals court ruled on Wednesday, July 23, that his controversial executive order aimed at restricting birthright citizenship was unconstitutional.
The Ninth Circuit Court of Appeals upheld a district judge’s nationwide injunction blocking the order, declaring it incompatible with the US Constitution.
The executive order, issued during Trump’s presidency, sought to deny automatic US citizenship to children born on American soil to parents in the country illegally or on temporary visas.
This marked a dramatic reinterpretation of the 14th Amendment, which guarantees citizenship to all individuals born in the United States.
“We conclude that the district court did not abuse its discretion in issuing a universal injunction in order to give the States complete relief,” wrote Judge Ronald Gould of the Ninth Circuit.
He further argued that limiting the injunction to individual states “would be as ineffective as not blocking the order at all,” due to inconsistencies in citizenship enforcement across state lines.
Crucially, the appellate judges reaffirmed the constitutional guarantee of birthright citizenship.
“The district court correctly concluded that the Executive Order’s proposed interpretation... is unconstitutional. We fully agree,” Gould stated.
The legal battle has seen a complex back-and-forth between district courts and the Supreme Court. Despite this, federal judges have continued to act.
Last month, the Supreme Court declined to rule on the constitutionality of Trump’s order, instead focusing on the limits of judges issuing nationwide injunctions, a decision Trump touted as a “giant win.”
Earlier this month, a Seattle-based judge granted class-action status to children potentially affected by the order and imposed a preliminary halt while litigation continues.
Trump’s order had stirred widespread legal and political controversy, with critics warning it would undermine a foundational constitutional principle.
The latest ruling now delivers a significant setback to attempts to redefine US citizenship through executive fiat.
What This Ruling Means for Immigrants and Their Children in the US
The recent decision by the U.S. Court of Appeals provides a robust legal safeguard for immigrant families nationwide.
By declaring former President Trump’s executive order unconstitutional, the court reaffirms the long-standing principle that all children born on American soil—regardless of their parents’ immigration status—are entitled to US citizenship under the 14th Amendment.
This ruling restores clarity and certainty for millions of immigrant households who feared their American-born children might be stripped of citizenship rights.
For undocumented immigrants and those on temporary visas, the judgement offers reassurance that their children’s status as citizens is not at risk of executive reinterpretation.
Had Trump’s order stood, it would have created a two-tier citizenship system, potentially leading to statelessness, reduced access to services, and legal limbo for thousands of US-born children.
The appeals court made it clear that constitutional rights cannot be overridden by unilateral executive action.
In a broader sense, the ruling also strengthens legal protections for immigrants in future policy battles. It sets a firm precedent against similar attempts to alter constitutional rights without the backing of legislative or judicial authority.
While political rhetoric may continue to challenge immigration norms, this legal decision underscores that birthright citizenship remains firmly embedded in American law—and that the courts remain a crucial defence against overreach.