A federal appeals court on Friday became the latest court to determine the Trump administration’s effort to end birthright citizenship is likely unconstitutional.
In a 100-page ruling, the First Circuit Court of Appeals upheld a Boston district court’s injunction that blocked the government from enforcing an executive order signed by President Trump to significantly narrow birthright citizenship, the concept that people born in the U.S. are automatically citizens, regardless of their parents’ immigration status. The appeals court ruled in favor of plaintiff states and against the Trump administration.
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“Our nation’s history of efforts to restrict birthright citizenship — from Dred Scott in the decade before the Civil War to the attempted justification for the enforcement of the Chinese Exclusion Act in Wong Kim Ark — has not been a proud one,” the court’s chief justice wrote. “Indeed, those efforts each have been rejected, once by the people through constitutional amendment in 1868 and once by the court relying on the same amendment three decades later, and at a time when tensions over immigration were also high.”
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