PoliticsPresident Trump’s First 100 Days

Actions

Appeals court declines to lift block on Trump's birthright citizenship order

The continued freeze sets up a likely appeal to the U.S. Supreme Court.
Donald Trump
Posted
and last updated

A U.S. appeals court has declined the Trump administration's request to overturn a hold on its plans to end birthright citizenship for some people born in the U.S.

President Donald Trump signed an executive order on the day he was inaugurated that would revoke U.S. citizenship for some children born in the U.S. starting on February 19. The executive order triggered multiple lawsuits on constitutional grounds.

The latest court order is a response to an emergency request from the Department of Justice that sought to clear the way forward to act on the executive order. The continued freeze sets up a likely appeal to the U.S. Supreme Court.

RELATED STORY | Federal judge bars enforcement of Trump’s birthright citizenship executive order

In the new order, Judge M. Smith Canby wrote "the Government has not shown that it is entitled to immediate relief. Its sole basis for seeking emergency action from this court is that “[t]he district court has . . . stymied the implementation of an Executive Branch policy . . . nationwide for almost three weeks.” That alone is insufficient. It is routine for both executive and legislative policies to be challenged in court, particularly where a new policy is a significant shift from prior understanding and practice."

The Trump administration has not yet commented on the order.

This is a developing story and will be updated.