Federal Appeals Court Upholds Block on Trump Birthright Citizenship Executive Order

BOSTON — A federal appeals court in Massachusetts today upheld a block on President Trump’s executive order that seeks to strip babies born in the United States of their U.S. citizenship. The case is New Hampshire Indonesian Community Support v. Donald J. Trump.

The First Circuit Court of Appeals decision stems from a lawsuit filed by the American Civil Liberties Union, ACLU of New Hampshire, ACLU of Maine, ACLU of Massachusetts, Asian Law Caucus, Democracy Defenders Fund, and Legal Defense Fund on behalf of New Hampshire Indonesian Community Support, League of United Latin American Citizens (LULAC), and Make the Road New York.

This ruling is the latest in a series of court decisions rejecting President Trump’s executive order since it was signed on January 20, Inauguration Day. This lawsuit was filed within two hours of Trump signing the order. In February, the federal judge in this case temporarily blocked it from taking effect, prompting the appeal, which was heard August 1.

(In addition, the attorneys in this lawsuit filed a second related case, Barbara v. Donald J. Trump, following the Supreme Court’s June ruling limiting the use of nationwide injunctions in three other challenges to the executive order. In Barbara, a federal court certified a class of all babies subject to the executive order and blocked its enforcement against them. The government has sought Supreme Court review in Barbara, along with a case brought by Washington and other states.)

In a related decision also rejecting the Executive Order that it issued simultaneously, the First Circuit said: “The ‘lessons of history’ . . . give us every reason to be wary of now blessing this most recent effort to break with our established tradition of recognizing birthright citizenship and to make citizenship depend on the actions of one's parents rather than -- in all but the rarest of circumstances -- the simple fact of being born in the United States.”

“This ruling is the latest rebuke of President Trump’s blatantly unconstitutional efforts to end birthright citizenship,” said Cody Wofsy, deputy director of the ACLU’s Immigrants’ Rights Project, who argued the case. “In fact, not one judge has bought the administration’s flawed arguments. The government is now petitioning the Supreme Court in hopes of getting a different answer. But the Constitution is clear, and we will keep fighting this lawless order until it is struck down once and for all.”

“The federal appeals court today reinforced that this executive order is a flagrant violation of the U.S. Constitution — and we agree,” said SangYeob Kim, senior staff attorney at the ACLU of New Hampshire. “Our Constitution is clear: no politician can decide who among those born in this country is worthy of citizenship.”

“The Constitution has always been clear — if you are born here, you’re a citizen. Today’s decision upholds not just the letter of the law but also the promise of America,” said Aarti Kohli, executive director of Asian Law Caucus. “For generations, immigrant families have built lives and contributed to this country because birthright citizenship means that you belong here. We will continue fighting against this administration’s unconstitutional attempts to strip away the rights that define American citizenship.”

“This ruling is another decisive blow against the blatantly unlawful effort to gut the fundamental constitutional rights of American citizens and their immigrant families.” said Tianna Mays, legal director of Democracy Defenders Fund. “Birthright citizenship has been a clear principle of U.S. law for over a century and no president can change that with the stroke of a pen.”

“Today's decision affirms that birthright citizenship is not subject to shifting political winds. Every child born on U.S. soil is a citizen of the United States. We are incredibly pleased with the court's decision and we will continue fighting to ensure that this constitutional right is not undermined,” said Ashley Burrell, senior counsel at the Legal Defense Fund.

“As the Trump administration continues its crusade to attack immigrants, once more, this ruling affirms a constitutional right: U.S.-born children cannot be stripped of their U.S. citizenship. In recent months, we have seen this administration's repeated attempts to sidestep the Constitution, take away people’s rights, and endanger the foundations of our democracy. We remain steadfast in our commitment to challenge these unlawful actions and defend our communities,” said Harold Solis, co-legal director of Make the Road New York.

“Today’s decision is a victory for our plaintiffs and millions of families across our nation whose lives have been upended by the Trump administration’s continued attack on the constitutional right of birthright citizenship,” said Juan Proaño, chief executive officer of LULAC. “We are pleased this court again reaffirmed this fundamental civil right of American citizens and their immigrant family members.”