An appeals court on Wednesday upheld an order preventing former President Donald Trump from ending birthright citizenship for children of undocumented immigrants.
The Justice Department had filed an emergency request to clear the way for Trump’s executive order, which has been blocked by lower courts since its issuance in January. The order sought to reinterpret the 14th Amendment, which grants citizenship to anyone born on U.S. soil, by limiting it to children of U.S. citizens and permanent residents.
The 9th Circuit Court of Appeals denied the request, with a three-judge panel consisting of nominees from Trump, Jimmy Carter, and George W. Bush.
“The Government has not shown that it is entitled to immediate relief,” wrote Judge Danielle Forrest, a Trump appointee, in the ruling. She criticized the administration’s urgency, stating that “deciding important substantive issues on one week’s notice turns our usual decision-making process on its head.”
Trump’s order, originally set to take effect on February 19, was first blocked by a federal judge in January and remains suspended.
This ruling is part of a broader legal pushback against Trump’s executive orders, with courts issuing about a dozen injunctions in response to numerous lawsuits. Meanwhile, the administration has also appealed to the Supreme Court in a separate case, seeking to remove the head of a whistleblower protection agency.
With three Trump-nominated justices on the bench, the Supreme Court is expected to play a crucial role as legal battles over the former president’s executive authority continue.