A federal appeals court said Wednesday that President Trump’s executive order curtailing birthright citizenship is unconstitutional.
The policy, which has been the subject of a complicated monthslong legal back-and-forth, is currently on hold. But Wednesday’s decision appears to mark the first time that an appellate court has weighed in on the merits of Mr. Trump’s attempt to end birthright citizenship for many children of undocumented immigrants by executive order. And it could be one avenue for the issue to return to the Supreme Court.
A panel of judges on the U.S. Court of Appeals for the 9th Circuit wrote that Mr. Trump’s order is “invalid because it contradicts the plain language of the Fourteenth Amendment’s grant of citizenship to ‘all persons born in the United States and subject to the jurisdiction thereof.'”
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