An appeals court upheld an order on Wednesday preventing 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 had filed an emergency request to move forward with Trump’s executive order, which has been blocked by lower courts since it was issued in January.
Trump’s order seeks to redefine the 14th Amendment of the U.S. Constitution, which guarantees citizenship to anyone born on American soil. The order argues that this right should only apply to children of permanent residents and citizens, excluding those of undocumented immigrants.
The 9th Circuit Court of Appeals denied the request in a ruling by a three-judge panel, with judges appointed by Trump, Jimmy Carter, and George W. Bush.
Judge Danielle Forrest, a Trump appointee, wrote that the government failed to justify immediate relief, stating that fast-tracking a ruling on such a major issue “turns our usual decision-making process on its head.”
Trump’s executive order was initially set to take effect on February 19 but was temporarily blocked in January. The injunction has since been extended as legal battles continue.
This ruling is part of a broader pattern of judicial pushback against Trump’s executive actions, with nearly a dozen court injunctions issued in response to roughly 40 lawsuits.
Separately, the Trump administration has asked the Supreme Court to allow him to dismiss the head of a whistleblower protection agency. With three Trump-appointed justices on the bench, the court is expected to play a critical role in determining the scope of presidential authority.