Daijiworld Media Network – Washington

Washington, Jul 24: In a major legal setback for US President Donald Trump, a federal appeals court in San Francisco has ruled that his order aiming to end birthright citizenship is unconstitutional. The ruling was delivered on Wednesday by a three-judge panel of the 9th US Circuit Court of Appeals, effectively affirming a lower court’s decision that had blocked the order nationwide.

The Trump administration’s controversial move sought to deny automatic citizenship to children born in the US to undocumented immigrants or those temporarily residing in the country. However, the court's ruling maintained that such an interpretation violates the 14th Amendment of the US Constitution.

“The district court correctly concluded that the Executive Order’s proposed interpretation is unconstitutional. We fully agree,” wrote the majority opinion of Judges Michael Hawkins and Ronald Gould, both appointed by President Bill Clinton.

The decision keeps in place a nationwide injunction originally issued by US District Judge John C Coughenour in Seattle, who criticized the Trump administration for attempting to bypass constitutional guarantees for political ends.

The 14th Amendment, specifically its Citizenship Clause, states:

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States."

While the Justice Department contends that this clause excludes children born to non-citizens or temporary residents, the appellate court rejected that interpretation, citing the 1898 Supreme Court ruling in United States v. Wong Kim Ark, which upheld the principle of jus soli (right of the soil).

Notably, Judge Patrick Bumatay, a Trump appointee, dissented, arguing that the plaintiff states lacked legal standing and that universal injunctions should be issued with caution. However, the majority upheld the injunction as essential to provide uniform relief across all states involved.

The ruling marks the first time an appellate court has weighed in on the issue, which now appears to be heading for possible review by the Supreme Court. The White House and Justice Department have yet to respond publicly.

With at least nine lawsuits already challenging Trump’s birthright citizenship order, this ruling serves as a decisive moment in the ongoing debate over constitutional protections and immigration policy in the United States.