'Trump administration cannot revoke citizenship based on birthright,' federal appeals court rules

A federal appeals court in Boston ruled Friday that the Trump administration can't deny citizenship to children born illegally or temporarily in the United States, piling up the legal obstacles for the president's order on birthright.

A three-judge 1st U.S. Circuit Court of Appeals panel became the fifth federal court since June to grant or uphold an order enjoining the president's order on birthright. The court determined that the plaintiffs were likely to prevail on their argument that the children outlined in the order were entitled to birthright citizenship under the Citizenship Clause of the 14th Amendment.

The panel supported an earlier lower court's preliminary injunction, which had stopped the Birthright Order pending the lawsuit filed to invalidate it. The order was signed on the day the president took office in January. It barred automatic citizenship for children born illegally or temporarily in the United States.

The court wrote in its decision, "The lessons of history give us every reason to caution against approving this most recent attempt to break our established tradition of recognizing birthright citizenship and to make citizenship dependent—in the rarest of circumstances—on the simple fact of being born in the United States, rather than on the actions of parents." California Attorney General Rob Bonta, whose state was one of the nearly 20 states that were part of the lawsuit challenging the order, welcomed the decision.

Bonta said in a statement, "The First Circuit confirmed what we already knew. The President's attack on birthright citizenship grossly violates the Fourteenth Amendment to the U.S. Constitution, and a nationwide injunction is the only appropriate remedy to prevent its devastating consequences." He added, "We are pleased that the courts continue to protect the fundamental rights of Americans."

On Friday, a second appeals court ruled in favor of several organizations challenging the birthright citizenship order. The plaintiffs, including New Hampshire Indonesian Community Support and the League of United Latin American Citizens, were represented by the American Civil Liberties Union.