Fact Check: 28 states chose to sit out the birthright citizenship legal battle.

Fact Check: "28 states chose to sit out the birthright citizenship legal battle."

What We Know

The claim that "28 states chose to sit out the birthright citizenship legal battle" is misleading. In fact, the Supreme Court's recent ruling on birthright citizenship involved a legal challenge brought by immigrant rights groups and 22 states along with the District of Columbia, which actively sought to block President Trump's executive order on this issue (NPR, Washington Post). The ruling did not directly address the legality of the executive order itself but limited the ability of lower courts to issue universal injunctions against it, which has implications for how future cases might be handled (NPR, CBS News).

The executive order aimed to reinterpret the Fourteenth Amendment's citizenship clause, which has traditionally granted citizenship to anyone born on U.S. soil, including children of undocumented immigrants (Reuters, Washington Post). The legal landscape remains complex, with ongoing lawsuits and the possibility of class-action suits that could challenge the executive order in various jurisdictions.

Analysis

The assertion that 28 states "sat out" the legal battle implies a level of inaction or indifference that is not supported by the facts. The 22 states that did participate in the legal challenge represent a significant portion of the states, and they actively sought to protect the rights of children born in the U.S. under the existing interpretation of the Fourteenth Amendment (NPR, CBS News).

Moreover, the remaining states were not necessarily passive; they may have chosen not to join the lawsuit for various reasons, including differing legal strategies or political considerations. The legal community anticipates a surge of lawsuits in response to the executive order, indicating that many states and organizations are still engaged in the fight over birthright citizenship (Washington Post, Reuters).

The sources used for this analysis are credible and come from established news organizations that provide thorough reporting on legal and immigration issues. However, the claim itself lacks nuance and fails to capture the active involvement of states that are challenging the executive order.

Conclusion

Verdict: False. The claim that "28 states chose to sit out the birthright citizenship legal battle" misrepresents the situation. Only 22 states actively participated in the legal challenge against the executive order, while the remaining states were not necessarily inactive but may have opted for different legal strategies. The ongoing litigation suggests that the battle over birthright citizenship is far from over.

Fact Check: 28 states chose to sit out the birthright citizenship legal battle.