Fact Check: 28 states chose not to challenge Trump's birthright citizenship order.

Fact Check: 28 states chose not to challenge Trump's birthright citizenship order.

Published June 28, 2025
by TruthOrFake AI
i
VERDICT
Needs Research

# Fact Check: 28 States Chose Not to Challenge Trump's Birthright Citizenship Order ## What We Know The claim that "28 states chose not to challenge ...

Fact Check: 28 States Chose Not to Challenge Trump's Birthright Citizenship Order

What We Know

The claim that "28 states chose not to challenge Trump's birthright citizenship order" refers to an executive order issued by former President Donald Trump in 2018, which aimed to end birthright citizenship for children of non-citizens born in the United States. This order was met with significant legal and political debate.

As of October 2023, there is no comprehensive list or official documentation confirming that exactly 28 states explicitly chose not to challenge the order. In fact, several states and organizations did file lawsuits against the executive order, arguing that it violated the 14th Amendment of the U.S. Constitution, which guarantees citizenship to all persons born in the U.S. (source-1).

Moreover, the legal landscape surrounding birthright citizenship is complex, and many states may have remained neutral or uninvolved without making a formal declaration. The lack of a clear consensus or documented evidence makes it difficult to verify the claim accurately.

Analysis

The assertion that 28 states opted not to challenge the order lacks substantiation from credible sources. A review of legal actions taken in response to the executive order shows that various states, including California and New York, actively opposed it through litigation (source-1).

The claim may stem from a misunderstanding of the legal processes involved. States may not have formally challenged the order but could have chosen not to participate in lawsuits against it. This does not equate to an official stance of support or neutrality.

Additionally, the sources discussing the birthright citizenship order primarily focus on the legal implications and the responses from states that did challenge it, rather than those that did not. This creates a gap in information regarding the actions of the remaining states, leading to potential misinterpretation of their positions (source-1).

Conclusion

Verdict: Needs Research
The claim that "28 states chose not to challenge Trump's birthright citizenship order" is not supported by clear evidence or documentation. The legal actions taken by various states indicate that many did oppose the order, while the status of others remains ambiguous. A thorough investigation into each state's actions regarding the executive order is necessary to accurately assess the claim.

Sources

  1. Birthright Citizenship and Trump's Executive Order

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Fact Check: 28 states chose not to challenge Trump's birthright citizenship order. | TruthOrFake Blog