President Trump’s attempt to block the U.S. from recognizing birthright citizenship for children born to illegal immigrants runs afoul of the Constitution, a federal appeals court ruled Wednesday, becoming the highest court to reach that conclusion.

The 9th U.S. Circuit Court of Appeals said the 14th Amendment grants citizenship to “all persons born in the United States and subject to the jurisdiction thereof,” and children of illegal immigrants and temporary visitors are included in that.

Judge Ronald M. Gould said Mr. Trump’s action also conflicts with Supreme Court precedent and 125 years of practice that recognized children of illegal immigrants, if born here themselves, as automatic citizens.

“The defendants’ proposed interpretation of the Citizenship Clause relies on a network of inferences that are unmoored from the accepted legal principles of 1868,” Judge Gould wrote.

The court, in its ruling, also upheld a lower court’s decision to issue a universal injunction covering the entire nation — despite the Supreme Court’s decision last month that sought to restrict those kinds of broad injunctions.

Judge Gould, though, said that because the plaintiffs in the case were states, they need to have certainty. And the only way to guarantee that is to have the policy apply to everyone, even those who weren’t party to the lawsuit.

The ruling joins another one from a district judge in New Hampshire who certified a class action for all children born in the U.S. to illegal immigrant parents and temporary visitors, and said they are exempt from the president’s policy.

Judge Patrick J. Bumatay largely dissented from the ruling, saying the states didn’t have legal standing to bring the lawsuit.

He said his colleagues’ decision to overturn Mr. Trump’s executive order was “premature.”

Judge Bumatay said the birthright question “elicits strong reactions from all sides.”

“Fewer questions could be more important than deciding who is entitled to American citizenship. And this is understandably so — citizenship in our country is worth fighting for. And it’s also worth ensuring that it is only conferred on those legally eligible to receive it,” he said.

Most legal scholars who have looked at the issue have concluded that the 14th Amendment does cover children born to illegal immigrants, though some scholars say the issue is unsettled and there’s room to argue both sides.

The crux of Mr. Trump’s argument is that illegal immigrants and temporary visitors aren’t “subject to the jurisdiction” of the U.S. and so aren’t covered. 

He compared them to children of diplomats, who have long been excluded from birthright citizenship for that reason.

But lower court judges have said that focuses on the parents, when it’s the newborn children who are at stake — and by dint of their birth on American soil are under the jurisdiction of the U.S.

• Stephen Dinan can be reached at sdinan@washingtontimes.com.