A federal appeals court has upheld a ruling that continues to block the Trump administration’s executive order aimed at ending birthright citizenship. The US Court of Appeals for the First Circuit on Tuesday denied the administration’s request to stay the district court’s preliminary injunction, which prevents the order from being enforced until further legal proceedings.
The plaintiffs, a group of 18 states led by Massachusetts, filed the lawsuit against the Trump administration. The court found the government failed to present a strong enough case to prove the executive order’s constitutionality, and thus, denied the motion for a stay. The court emphasized the lack of a solid argument showing that the government would likely succeed on appeal or that enforcing the order would be in the public interest.
The decision keeps the preliminary injunction in place until the government’s appeal is resolved. Another lawsuit from advocacy groups, including CASA, Inc. and the Asylum Advocacy Project, also challenges the order, with a federal judge similarly granting a preliminary injunction against it.
While the case remains ongoing, the ruling solidifies the current legal block against the executive order on birthright citizenship.
Excerpts from Drew Meetze | U. Ottawa Faculty of Law, CA Article
