A three-judge panel from the U.S. Ninth Circuit Court of Appeals has upheld a lower court's ruling that President Trump's executive order to redefine birthright citizenship is unconstitutional. The court found the executive order invalid as it conflicts with the Fourteenth Amendment, which states that all persons born in the United States are citizens. This decision supports a class-action lawsuit from several states, asserting that the president cannot unilaterally alter the meaning of the birthright citizenship clause established for over 125 years.
The executive order, signed by Trump in his first week in office, is "invalid," the majority opinion of the court explained in its ruling, "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.'"
The 2-1 decision by the Ninth Circuit Court panel affirms what that lower court concluded - that the president cannot unilaterally change the meaning of the 14th Amendment's birthright citizenship clause.
Trump's order sought to define the term "subject to the jurisdiction thereof" differently, by claiming it applies only to children born in the United States who have at least one parent with citizenship.
That portion of the amendment reads: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.
#birthright-citizenship #trump-administration #fourteenth-amendment #ninth-circuit-court #legal-ruling
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