Overview

• The Justice Department urged the 9th U.S. Circuit Court to overturn Judge John Coughenour’s nationwide injunction that blocked the January executive order.
• The administration argues the 14th Amendment provides a baseline but does not guarantee citizenship for children of noncitizens or temporary visa holders.
• The appellate panel, comprising two Clinton appointees and one Trump appointee, held its first constitutional challenge hearing on June 4 in Seattle.
• The Supreme Court, in a separate case, is weighing whether to limit lower courts’ power to issue nationwide injunctions that have paused enforcement.
• Plaintiffs warn that if the order takes effect, over 150,000 babies born annually could be denied U.S. citizenship under the new criteria.