Fact Check: Birthright citizenship applies to children born in the U.S. regardless of parentage.

Fact Check: "Birthright citizenship applies to children born in the U.S. regardless of parentage."

What We Know

Birthright citizenship in the United States is primarily governed by the Fourteenth Amendment of the Constitution, which states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States" (source-2). This provision has historically been interpreted to mean that anyone born on U.S. soil is a citizen, including children of undocumented immigrants. However, the interpretation of "subject to the jurisdiction thereof" has led to some debate regarding the citizenship of children born to parents who are not lawful residents or citizens.

Gerald Neuman, a law professor at Harvard, asserts that the Constitution guarantees citizenship to anyone born in the U.S., regardless of their parents' legal status (source-3). This view is supported by historical precedents, including the Supreme Court case of United States v. Wong Kim Ark (1898), which confirmed that children born in the U.S. to non-citizen parents are indeed citizens (source-4).

However, recent executive orders have attempted to redefine this understanding. For instance, the directive issued by the current administration states that the Fourteenth Amendment does not extend citizenship to children born in the U.S. if their parents are unlawfully present or on temporary visas (source-2). This has sparked significant legal and public debate regarding the validity and enforceability of such orders.

Analysis

The claim that "birthright citizenship applies to children born in the U.S. regardless of parentage" is partially true. While it is accurate that the Fourteenth Amendment has been interpreted to grant citizenship to anyone born in the U.S., this interpretation is not universally accepted, especially in light of recent executive actions that seek to limit this right.

The executive order mentioned in the claim attempts to clarify that children born to parents who are not "subject to the jurisdiction" of the U.S. do not automatically receive citizenship (source-2). This interpretation challenges the long-standing legal precedent established by the Supreme Court and supported by legal scholars, who argue that the Constitution's language does not support such exclusions (source-3).

The reliability of sources is crucial in this discussion. The Harvard Law School article is authored by a respected legal expert, which lends credibility to its claims. Conversely, the executive order, while an official document, reflects a specific political agenda and may not align with established legal interpretations (source-2).

Conclusion

The verdict on the claim that "birthright citizenship applies to children born in the U.S. regardless of parentage" is Partially True. While the traditional interpretation of the Fourteenth Amendment supports the idea that all children born in the U.S. are citizens, recent executive actions challenge this interpretation. The ongoing legal debates and potential challenges to these actions indicate that the issue is far from settled.

Sources

1. Chapter 3 - U.S. Citizens at Birth (INA 301 and 309)
2. Protecting The Meaning And Value Of American Citizenship
3. Can birthright citizenship be changed? - Harvard Law School
4. Birthright citizenship in the United States
5. What is birthright citizenship and what happens after ...
6. Birthright Citizenship in the United States