A federal appeals court Wednesday evening declined the Trump administration’s request to partially revive the president’s executive order restricting birthright citizenship.
The Justice Department asked the 9th U.S. Circuit Court of Appeals to immediately limit a district judge’s ruling, one of multiple indefinitely blocking Trump’s order nationwide, to only the individual plaintiffs who sued in an underlying case.
The three-judge appeals panel wrote in its ruling that the administration had “not made a ‘strong showing that [they are] likely to succeed on the merits’ of this appeal.”
Trump’s order would restrict birthright citizenship from being extended to children born on U.S. soil to parents without permanent legal status, part of a flurry of immigration actions he signed on his first day in office. Multiple judges have found the order is inconsistent with the Supreme Court’s longstanding interpretation of the 14th Amendment.
Wednesday’s ruling marks the first time an appeals court has materially weighed in on Trump’s birthright citizenship order, which has come under 10 lawsuits across the country. Though the case will continue before the 9th Circuit, the Justice Department could now seek emergency relief from the Supreme Court.
The 9th Circuit panel comprised William Canby, an appointee of former President Carter; Milan Smith, an appointee of the younger former President Bush; and Danielle Forrest, a Trump appointee.
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