The U.S. Court of Appeals for the Ninth Circuit, based in Seattle, is set to review the constitutionality of an executive order signed by President Donald Trump that seeks to restrict birthright citizenship — a principle enshrined in the 14th Amendment of the U.S. Constitution. The hearing is scheduled for Wednesday, June 4, 2025.
This marks the first time a federal appeals court is hearing arguments on the controversial measure, even as the U.S. Supreme Court is also considering the case and may rule on the order’s temporary enforcement.
The executive order, signed on January 20, 2025, immediately after Trump’s return to the White House, directs federal agencies to deny U.S. citizenship to children born on American soil to parents who are neither U.S. citizens nor lawful permanent residents.
According to the Trump administration, the 14th Amendment does not apply to individuals in the country illegally or those on temporary visas, such as international students or foreign workers.
A panel of three appellate judges is hearing the administration’s appeal of a preliminary injunction issued on February 6 by U.S. District Judge John Coughenour, who is also based in Seattle.
Judge Coughenour had ruled the order “blatantly unconstitutional,” accusing the president of circumventing the rule of law for political and personal purposes. Similar rulings have been issued by other federal courts, including in Massachusetts and Maryland.
Twenty-two Democratic attorneys general, along with several immigrant rights organizations, are challenging the order. They argue that it violates the Citizenship Clause of the 14th Amendment, which has guaranteed U.S. citizenship to anyone born on American soil for more than a century — regardless of their parents’ immigration status.
The appeals court’s decision could shape the Supreme Court’s stance on the issue. The high court has already heard arguments and could allow partial enforcement of the executive order while it deliberates on a final ruling. If implemented, the measure could deny U.S. citizenship to more than 150,000 newborns each year.
