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Washington attorney general goes before 9th Circuit Court of Appeals on birthright citizenship

Jun 4, 2025, 6:52 PM | Updated: 6:52 pm

WA AG birthright citizenship...

Washington Attorney General Nick Brown attends a press conference after he argued birthright citizenship at the 9th Circuit. (Photo courtesy of James Lynch, KIRO Newsradio)

(Photo courtesy of James Lynch, KIRO Newsradio)

Washington Attorney General Nick Brown was back in a Seattle courtroom Wednesday on birthright citizenship.

Arguments were heard before a three-judge panel of the 9th Circuit Court of Appeals. At issue was a nationwide preliminary injunction issued in February blocking President Donald Trump’s executive order, which sought to change birthright citizenship, enshrined in the 14th Amendment.

The debate was whether to make the preliminary injunction permanent or overturn a lower court’s ruling. The executive order would disqualify those born in this country to illegal immigrants from becoming birthright citizens.

WA AG says Trump’s executive order on birthright citizenship is unconstitutional

In court, Washington’s Office of the Attorney General argued the executive order is clearly unconstitutional and the preliminary injunction should be made permanent.

“We’re talking about overturning the fundamental understanding of what it means to be an American in this country, and what it has meant since the 14th Amendment,” Brown said.

Department of Justice lawyers argued birthright citizenship doesn’t apply to undocumented immigrants’ children born here, or those in the country on work or student visas.

“We’re seeing some radical ideas take root at the highest level of government. And so it is more important than ever the attorneys general are standing united to fight against the unlawfulness of this president,” Brown said

There is no word on when a decision will be handed down. The U.S. Supreme Court is poised to rule on procedural questions, and that could affect the timing.

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Washington attorney general goes before 9th Circuit Court of Appeals on birthright citizenship