Appeals Court Clears Path for Class-Action in Maryland Birthright Case

Legal Challenges Continue Against Trump’s Birthright Citizenship Ban

A recent decision by a federal appeals court has opened the door for a Maryland judge to potentially block President Donald Trump’s proposed ban on birthright citizenship. This marks the third lower court ruling this month that could delay the implementation of the policy, which has already been brought before the U.S. Supreme Court.

The U.S. Court of Appeals for the 4th Circuit recently dismissed the Trump administration’s appeal of a preliminary injunction issued in a lawsuit filed in Maryland’s U.S. District Court. The lawsuit was brought by immigration rights groups CASA and the Asylum Seeker Advocacy Project, who argue that the ban on granting citizenship to children born in the U.S. to undocumented immigrants and temporary foreign visitors is unconstitutional.

This ruling by a three-judge panel sends the case back to U.S. District Judge Deborah L. Boardman, who had previously stated that if given jurisdiction over the case, she would approve class-action status and grant a preliminary injunction against the birthright citizenship ban.

In her July 16 ruling regarding the petition for a class action, Judge Boardman noted that if the case were to proceed under the Trump administration, it could allow the 4th Circuit to review the matter more quickly and based on updated facts. As of midday Tuesday, Boardman had not yet ruled on the preliminary injunction request.

If she does approve the pause, her decision would align with recent rulings from two other federal lawsuits concerning birthright citizenship. These cases followed the Supreme Court’s decision that allowed for a potential path forward for the implementation of the policy. However, the high court also placed a hold on the ban for at least 30 days and sent several cases—including the Maryland one—back to lower courts to assess the practical implications of its ruling. The Supreme Court also left open the possibility of blocking a policy nationwide through class-action lawsuits.

Last week, the U.S. Court of Appeals for the 9th Circuit ruled 2-1 that the president’s directive violated the citizenship clause of the Constitution’s 14th Amendment. The court stated that a lower court in Seattle had not overstepped its authority by issuing a nationwide injunction, despite the Supreme Court’s earlier ruling.

“The district court correctly concluded that the Executive Order’s proposed interpretation, denying citizenship to many persons born in the United States, is unconstitutional,” wrote Judge Ronald M. Gould in the majority opinion. “We fully agree.”

Separately, a federal judge in New Hampshire approved a request from a different civil rights group to certify a class-action lawsuit challenging Trump’s birthright citizenship ban.

In their unanimous ruling on Tuesday, the 4th Circuit’s three-judge panel stated that they believed it was a “better course” to dismiss the original appeal outright rather than remand the case to the District Court, as requested. This decision aims to ensure that the district court can quickly comply with the Supreme Court’s directions in the CASA case, allowing for an immediate ruling on the plaintiffs’ motion for class-wide relief. This approach will also enable appellate review of the merits of that relief to occur sooner rather than later.