The First Circuit Court of Appeals upheld the block on the executive order from President Donald Trump’s administration to ban birthright citizenship, which would affect children of undocumented immigrants.
The decision, based on the opinion of Chief Judge David Barron, found that the executive order has negative effects.
“The implementation of the executive order would drastically break with the federal government’s long-standing legal position and, therefore, disrupt governmental practices,” Judge Barron stated in the 32-page document.
This ruling confirms a decision by a District Court in a lawsuit filed by 18 states and the city of Washington, D.C.
Judge Barron clarified that his decision is not on the merits of the case, after rejecting the Trump Administration’s request for a formal appeal.
“[With this decision] we are not addressing the Government’s appeal of the injunction itself,” Judge Barron said. “We are addressing only the Government’s motion for a stay, which asks us to decide whether the District Court’s order granting a preliminary injunction should be paused while this court considers an interlocutory appeal of that injunction.”
In fact, the Court of Appeals ruled based on the Trump Administration’s request for a delay.
“Based on the arguments the Government presents in support of the stay motion, we deny it,” the ruling states.
On January 20, 2025, President Trump signed the executive order denying citizenship to children of undocumented immigrants, as well as tourists.
So far, four courts in the states of Washington, Maryland, Massachusetts, and New Hampshire have ruled against Trump’s executive order.
In the First Circuit Court of Appeals, the Trump Administration only argued against the plaintiff states, not on the merits of the order, specifically the 14th Amendment.
Judge Barron was nominated by President Barack Obama, and the judges who joined his decision, Julie Rikelman and Seth Aframe, were appointed by President Joe Biden.
On February 20, the Ninth Circuit Court of Appeals rejected the Trump Administration’s request to uphold President Trump’s executive order after Judge John C. Coughenour of the Western District of Washington blocked it.
The opinion by Judge Danielle Forrest—appointed by President Trump—states that the Department of Justice did not present strong arguments to reinstate the order under an “emergency” decision.
“For an emergency to exist under our rules, the Government must show that its inability to implement the specific policy in question creates a serious risk of irreparable harm within 21 days,” Judge Forrest said. “The Government has not demonstrated that in this case.”
Image: Opinion
