A federal appeals court will hear oral arguments this Friday afternoon in the birthright citizenship challenge against President Donald Trump’s executive order. This case is one of several lower court battles following the Supreme Court’s landmark ruling in June.
Earlier this summer, the U.S. Court of Appeals for the First Circuit agreed to hear arguments in two consolidated cases: O. Doe v. Trump and State of New Jersey v. Trump. This joins other appeals courts reviewing the legality of Trump’s order.
This hearing comes about five weeks after the Supreme Court partially sided with the Trump administration. The Supreme Court narrowed when lower courts can issue “universal injunctions” that block presidential orders nationwide.
Trump signed the birthright citizenship executive order on his very first day in office. The order seeks to reinterpret the 14th Amendment. The amendment states: “All persons born or naturalized in the United States are citizens.” However, Trump’s order aimed to exclude children born to illegal immigrants or temporary visa holders.
The Supreme Court declined to rule on the order’s constitutionality. Instead, it gave the administration 30 days to clarify how it plans to enforce the order. This effectively sent the issue back to lower courts, where the administration faces hurdles.
Last month, a federal judge in New Hampshire blocked Trump’s order nationwide. The judge also certified as a class all infants born in the U.S. who would lose citizenship under the order.
Just one week ago, the Ninth Circuit Court of Appeals also blocked the order nationwide. Judges voted 2-1 to declare it unconstitutional, siding with Democratic-led states. U.S. Circuit Judge Ronald Gould explained that a universal injunction prevents harm by applying the citizenship clause uniformly across the country.
While the First Circuit has not yet ruled, their oral arguments follow new details from the administration on enforcement. The administration published guidance from several federal agencies, including the Social Security Administration.
For example, the SSA stated that a birth certificate showing U.S. birth will no longer be enough to prove citizenship once the order takes effect. This birthright citizenship challenge remains widely unpopular. More than 22 states and immigrant rights groups have sued to block the executive order. They argue it violates the Constitution and breaks precedent.
So far, no court has upheld Trump’s executive order. Several district courts continue to block it following the Supreme Court’s ruling. The upcoming oral arguments in the First Circuit will mark another important step in this ongoing birthright citizenship challenge.
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