The Ninth Circuit Court of Appeals blocked the Donald Trump administration’s ban on birth order immigration from taking force on Wednesday, February 19.
The development is a legal blow that could kick the issue into the hands of the Supreme Court. The appellate judges ruled unanimously that the administration failed to show that it was likely to succeed on the merits of its appeal, prompting the panel to rule 3-0 against hearing their emergency request.
Washington, USA – In a ruling that could propel the issue to the Supreme Court, an appeals court will not allow the Donald Trump administration to end birthright citizenship for certain children of immigrants. It was the first time an appellate court had weighed in on Trump’s executive order on birthright citizenship.
President Trump’s order, signed on his first day back in the White House on January 20, directed United States (US) agencies to refuse to recognize the citizenship of children born in America after Wednesday, February 19, if neither their mother nor father was a US citizen or lawful permanent resident.
Trump’s US Justice Department had asked the 9th Circuit to, by Thursday, February 20, largely stay a ruling by Seattle-based U.S. District Judge John Coughenour declaring the policy unconstitutional, saying he went too far by issuing a nationwide injunction at the behest of four Democratic-led states. But, as reported by the CNN, the 9th US Circuit Court of Appeals on Wednesday, February 19, declined an emergency Justice Department request that it lift the hold a Seattle judge had placed blocking implementation of President Trump’s executive order, after concluding the order ran afoul of the constitution.
The three judges in the San Francisco-based appeals court, comprising appointees of Presidents Trump, Jimmy Carter and George Bush, found the US Department of Justice (DOJ) had failed to make a “strong showing that they are likely to succeed on the merits of this appeal.”
