Payam Javan: A federal appeals court has ruled that President Donald Trump’s executive order aimed at curtailing birthright citizenship is unconstitutional, thereby upholding a nationwide block on its enforcement. The 2-1 decision by the 9th U.S. Circuit Court of Appeals found that the order violates the 14th Amendment’s Citizenship Clause, which guarantees citizenship to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.” This ruling prevents the administration from denying citizenship to children born in the U.S. to undocumented or temporary residents, affirming lower court decisions that had previously halted the policy.

This significant legal development brings the contentious issue one step closer to potential review by the U.S. Supreme Court. While the Supreme Court had previously limited the power of lower courts to issue universal injunctions, it also provided exceptions for cases that could still warrant nationwide relief, such as class-action lawsuits. The appeals court’s decision reinforces the constitutional interpretation that children born in the U.S., regardless of their parents’ immigration status, are citizens.