An appeals court upheld a decision on Wednesday that blocked President Donald Trump from ending birthright citizenship for children born in the U.S. to parents who are in the country illegally.
The Justice Department filed an emergency request to clear the way for Trump’s executive order, which has been blocked by lower district court judges since its issuance in January.
Trump’s order sought to reinterpret the 14th Amendment of the U.S. Constitution, which grants citizenship to anyone born on U.S. soil.
The order aimed to limit this right to the children of U.S. citizens and permanent residents, excluding those of undocumented immigrants.
The request was denied by a panel of three judges from the 9th Circuit Court of Appeals, including Trump appointee Danielle Forrest, as well as judges nominated by Jimmy Carter and George W. Bush.
Judge Forrest stated that the government had not proven it was entitled to immediate relief, and the request was based solely on the delay caused by the district court.
She emphasized that decisions on substantial matters should not be rushed, particularly on short notice, and noted that the circumstances did not require expedited action.
Trump’s executive order, initially set to take effect by February 19, was first blocked temporarily by a federal judge in January, and the delay has since been extended.
The administration has faced increasing legal opposition, with numerous injunctions and lawsuits filed against the order.
In a separate case, the Trump administration also appealed to the Supreme Court on Sunday to allow the removal of the head of a whistleblower protection agency.
With three justices nominated by Trump, the Supreme Court is expected to play a pivotal role as the president tests the limits of his executive power, facing resistance from the judiciary.
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