A significant legal challenge to former President Donald Trump’s executive order on birthright citizenship has intensified, with a second federal appeals court signaling its likely rejection of the controversial directive as unconstitutional. This ongoing legal battle underscores the complex constitutional implications surrounding citizenship rights in the United States.

The latest development comes from a three-judge panel of the Boston-based 1st U.S. Circuit Court of Appeals. During recent proceedings, the panel expressed considerable skepticism regarding the order’s legality, probing a U.S. Department of Justice lawyer on the rationale for overturning lower-court decisions that had previously blocked the order’s implementation.

Trump’s contentious order, issued early in his previous administration, aimed to redefine birthright citizenship by directing federal agencies to deny citizenship to U.S.-born children who do not have at least one parent who is either an American citizen or a lawful permanent resident. This policy initiative starkly contrasts with traditional interpretations of the 14th Amendment.

This is not the first instance of a federal court challenging the order. The San Francisco-based 9th U.S. Circuit Court of Appeals had already declared the order unconstitutional, setting a precedent. Given these consistent judicial rejections, the ultimate fate of the birthright citizenship executive order is widely anticipated to be decided by the U.S. Supreme Court.

The legal landscape surrounding presidential directives recently shifted due to a significant Supreme Court ruling authored by a conservative Justice. This ruling altered how birthright citizenship policies can be challenged in court by limiting the judiciary’s power to issue nationwide injunctions against executive orders, potentially influencing the scope of future legal challenges.

Former President Trump had publicly welcomed this particular Supreme Court decision, asserting that it would enable his administration to advance policies like the birthright citizenship executive order, which he claimed had been unjustly obstructed by broad injunctions. The ruling mandates lower courts to reevaluate the extent of their previously issued injunctions.

Since its inception, Trump’s birthright citizenship order has been mired in legal challenges, with multiple courts consistently ruling against its constitutionality. The recent skepticism from the 1st U.S. Circuit Court of Appeals further compounds the uncertainty surrounding the future of this highly debated and impactful immigration policy.