Trump’s order ending the citizenship of the birth law ruled unconstitutional by the court of the Fed

The executive decree (EO) of President Donald Trump ending the citizenship of the birth law was confronted with another legal setback after a Federal Court of Appeal judged on Wednesday that it was unconstitutional.

The 9th Circuit Court of Appeals de San Francisco has confirmed the decision of a lower court blocking the national application of the OE, which would refuse citizenship to babies born of people illegally or temporarily in the United States

A panel of three judges ruled against Trump’s plan during a 2-1 vote, keeping in place a decision taken by American district judge John C. Coughhenour in Seattle.

“The district court rightly concluded that the interpretation proposed by the decree, refusing citizenship to many people born in the United States, is unconstitutional. We fully agree,” the majority wrote.

Scotus reigns over the citizenship order of Trump’s right of birth, testing lower justice powers

President Donald Trump’s push to put an end to the citizenship of the birth law via an executive decree noted another legal dispute following the decision of the 9th Circuit Court of Appeals to assert a decision of the lower court blocking the ordinance. (Getty Images)

Although the Supreme Court has since prevented the lower courts from issuing national injunctions, the majority of the 9th circuit ruled against the EO after having discovered that the case fell under an exception left open by SCOTUS judges.

The States have submitted a file against the Trump administration after having argued that a national order is necessary to block the EO in order to avoid the problems which would arise that citizenship of the right of birth is prohibited in certain states.

“We conclude that the district court has not abused its discretion in the issuance of a universal injunction in order to give total repairs to the States,” said judges Michael Hawkins and Ronald Gould, both appointed by former President Bill Clinton.

Judge Patrick Bumatay, one appointed by Trump, dissident after having decided that states do not have legal right or do not allow himself to continue the Trump administration on this subject.

He did not weigh on the constitutionality of the end of the citizenship of the right of birth.

How the decision of the Supreme Court injunction is progressing

The citizenship clause of the 14th amendment stipulates that people born or naturalized in the United States, or “subject to the jurisdiction of the United States”, are American citizens, but lawyers of the Ministry of Justice maintain that children are automatically American citizens based solely at the place of birth.

Olga Urbina and her 9-month-old son protested the United States Supreme Court in May 2025 for President Donald Trump’s decision to end the citizenship of the birth law. (Drew Angerer / AFP via Getty Images)

Trump’s OCE would refuse American citizenship to a child born to a mother without legal or permanent status in the United States, and whose father has no legal or permanent status.

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The Trump administration faces at least nine prosecutions across the country contesting the OE.

The Associated Press contributed to this report.