These courts need to remember Trump is the president and stop hitting him with roadblocks.
President Donald Trump’s efforts to end automatic birthright citizenship suffered another setback last Friday when a second federal appeals court rejected his administration’s attempt to lift a nationwide injunction blocking the executive action. The 4th U.S. Circuit Court of Appeals, located in Richmond, Virginia, denied the Trump administration’s request to pause the ruling from a Maryland federal judge who had previously declared the executive order unconstitutional.
Since taking office, President Trump has consistently argued that birthright citizenship encourages illegal immigration and undermines American sovereignty. He has maintained that his executive order is necessary to restore integrity to the immigration system and protect U.S. citizens from the negative consequences of unchecked immigration. His administration introduced the policy back in 2018, revisiting it after his reelection in 2024, and formally signed the executive order on January 20, 2025.
This executive order looks to reject immediate citizenship to kids born in the U.S. if neither of their parents are American citizens or lawful permanent residents. The move has sparked several lawsuits, with critics claiming that the order violates the Fourteenth Amendment, which guarantees citizenship to anyone born in the United States.
Despite these efforts, the legal challenges have continued to mount. Judges have repeatedly blocked the executive order, with similar rulings coming from federal judges in Seattle, Massachusetts, and New Hampshire. The 4th U.S. Circuit Court of Appeals ruling echoed these decisions, asserting that the government had not demonstrated any immediate harm in complying with the current interpretation of the law. The court argued that the Trump administration’s order would cause unnecessary disruption and confusion for countless U.S.-born children and their families.
Proponents of the policy argue that the current practice of granting automatic citizenship to children of illegal immigrants undermines the rule of law and incentivizes illegal immigration. They argue that the birthright citizenship clause was never intended to apply to the children of non-citizens who have violated U.S. immigration laws. Despite these legal challenges, many expect the case to ultimately make its way to the U.S. Supreme Court, where the final decision could have significant implications for the future of birthright citizenship in America.
Legal experts, however, predict that overturning the long-established precedent of birthright citizenship would be a difficult battle. The U.S. government has defended the executive order, arguing that the Constitution does not mandate automatic citizenship for children of parents who have circumvented immigration laws. As the legal battles continue, it remains to be seen whether the Supreme Court will ultimately side with the Trump administration or uphold the long-standing interpretation of the Fourteenth Amendment.