Trump’s birthright citizenship executive order blocked again. What’s next?
Feb 21, 2025, 7:00 AM
A federal appeals court has denied the Trump administration's request to pause a district court ruling that blocked the president's birthright citizenship executive order.(Canva)
(Canva)
SALT LAKE CITY — A federal appeals court has denied the Trump administration’s request to pause a district court ruling that blocked the president’s birthright citizenship executive order.
Related: Trump’s birthright citizenship order is put on hold by a second federal judge
For the past 150 years the 14th Amendment has been interpreted to allow birthright citizenship, or, when a person born in the United States automatically becomes a citizen of the country and that state.
“(The) Trump administration felt that it was outdated. That when it was enacted, it was enacted for different reasons and issued an executive order saying … (that) there’s no such thing as birthright citizenship, “said KSL legal analyst Greg Skordas.
But a federal court in New Hampshire deemed Trump’s order unconstitutional. That ruling went up to 9th U.S. Circuit Court of Appeals which, on Thursday, upheld the lower court’s ruling that the presidential order is unconstitutional.
Whats next?
According to Skordas the president’s legal team will mostly likely appeal and take the issue to the United States Supreme Court.
“But it seems to me that an easier way to do this, and I don’t know that the administration is interested in the easy way, would simply be to go to Congress and to the states and ratify a new amendment or change the 14th amendment,” said Skordas.
But it could be years before real change is made.
“I’m not saying it’s a great idea by any means, but I think that kind of thing would pass. But that takes time. It could take years. And I just don’t see the administration having that much patience,” said Skordas.
Related: Trump won’t ban immigration arrests at school. Some families are now weighing attendance
What does it take to change the 14th Amendment?
In order to change the 14th amendment, 2/3 of the U.S. House of Representatives would have to agree. Then, each state would have to ratify it.
“I don’t know whether that would occur, in all honesty. But I just think that if it ever is going to occur with the anti-immigration sentiment we have right now in this country that the time could be could be ripe for that,” Skordas said.
