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Reason
Reason
Ilya Somin

First Circuit Rules Trump's Birthright Citizenship Executive Order is Unconstitutional

Photo by saiid bel on Unsplash; Reamolko

Yesterday, the US Court of Appeals for the First Circuit issued a decision that Donald Trump's executive order denying birthright citizenship to children of undocumented immigrants and non-citizens present on temporary visas is unconstitutional. It also ruled that it violates a 1952 law granting naturalization to children born in the United States, and upheld a nationwide injunction against implementation of the order. This is the second appellate court decision ruling against Trump's order, following an earlier Ninth Circuit decision. Multiple district court judges (including both Democratic and Republican appointees) have also ruled that the order is illegal, and so far not a single judge has voted to uphold it.

Judge David Barron's opinion for the First Circuit runs to 100 pages. But he emphasizes that this length is the product of the large number of issues (including several procedural ones) that had to be considered, and does not mean the case is a close one:

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