The Court of Appeal weighs Trump’s decree on the citizenship of the birth law

A federal court of appeal will hear the oral arguments on Friday afternoon in a challenge to the president Donald TrumpThe executive decree aimed at putting an end to the citizenship of the birth law in the United States, one of the numerous lower judicial cases which took shape after the historic decision of the Supreme Court in June.

The panel of three judges for the American Court of Appeal for the first circuit agreed this summer to hear arguments in two consolidated cases centered on the issue, O. Doe. v. Trump and the state of New Jersey c. Trump, joining several other appeal courts to examine the legality of Trump’s decree.

The hearing comes approximately five weeks after the Supreme Court was partially shaken with the Trump administration in a case centered on the citizenship of the right of birth. The judges have shrunk when the lower courts can issue “universal injunctions” which prevent the President’s orders from taking effect nationally.

Trump signed his citizenship of the right of birth executive decree The first day in power. He seeks to clarify the 14th amendment, which stipulates: “All people born or naturalized in the United States, and subject to their jurisdiction, are citizens of the United States and the State in which they reside”.

The ninth circuit rejects Trump’s attempt to restore the order of droit citizenship

The judges of the Supreme Court attend the inauguration of President Donald Trump at the American Capitol on January 20, 2025. (SOMODEVILLA / POOL CHIP via Reuters)

Instead, the language put forward by the Trump administration, then blocked, would have said that individuals born of illegal immigrant parents, or those who were legally here but on non-immigrant temporary visas, are not citizens by right of birth.

The Supreme Court refused to reign over the merits, rather giving the Trump administration 30 days to describe how it would apply the order – effectively restore the question to the lower courts. Until now, the administration has not been very successful.

A federal judge of New Hampshire published a national injunction last month, preventing Trump’s order from taking strength and certified in class all infants born in the United States who would be refused citizenship under the ordinance.

The arguments before the first circuit come just a week after the ninth Circuit Court of Appeals also prevented Trump’s right of birth citizenship from taking force nationally.

The judges on the ninth circuit voted 2-1 to block the order, storage with the states led by the Democrats by deeming it unconstitutional.

The demonstrators occupy a banner during a gathering of citizenship outside the Supreme Court of Washington, May 15, 2025. (AP Photo / Jose Luis Magana, File) (AP photo / Jose Luis Magana, file)

They also judged that it “is impossible to avoid this damage” caused by order “in the absence of a uniform application of the citizenship clause in the United States”, encouraging them to issue the national injunction.

“The district court below concluded that a universal preliminary injunction is necessary to relieve states,” said US circuit judge Ronald Gould, writing for the ninth majority of the circuit, in the decision.

“We conclude that the District Court did not abuse its discretion during the issuance of a universal injunction in order to grant complete compensation to the States.”

Olga Urbina and her 9-month-old son Ares Webster participate in a demonstration outside the United States Supreme Court for President Donald Trump’s decision to end the citizenship of the right of birth while the court hears arguments concerning the order in Washington, DC, on May 15, 2025. (Drew Angerer / AFP via Getty Images)

We do not know how judges on the first circuit will govern. But their oral arguments come a few days after the Trump administration detailed new details on how it plans to enforce its order in question.

The advice of about half a dozen American agencies describe these new requirements for parents. A document published by the Social Security Administration describes the new requirements that parents will have to meet to prove that their child is an American citizen at birth.

“With regard to citizenship, an SSN seeker can currently demonstrate American citizenship by providing a birth certificate showing an American birthplace,” said SSA document.

“Once the OE has entered into force, a birth certificate showing an American birthplace will not be sufficient documentary proof of American citizenship for people born after the OCE has taken effect.”

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The policy, which remains interrupted by the lower courts, is very unpopular.

More than 22 United States US states and immigrant rights have continued the Trump administration to block the change in the citizenship of the right of birth, arguing in legal files that the decree is both unconstitutional and “unprecedented”.

And to date, no court has taken on the side of the executive order of the Trump administration aimed at prohibiting citizenship of the right of birth, although several district courts have blocked it, in particular the decision of the Supreme Court, to take effect.