Fact Check: "Birthright citizenship applies to children born to non-citizen parents."
What We Know
Birthright citizenship in the United States is primarily governed by the Citizenship Clause of the Fourteenth Amendment, which states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States” (source-4). This clause has been interpreted to mean that children born on U.S. soil are generally granted citizenship, but there are exceptions.
According to a recent executive order, the interpretation of the Fourteenth Amendment has been clarified to indicate that it does not extend citizenship to children born in the U.S. to parents who are not "subject to the jurisdiction thereof." Specifically, the order states that children born to a mother who is unlawfully present in the U.S. or to a mother whose presence is lawful but temporary (such as on a tourist or student visa) do not automatically receive U.S. citizenship if their father is not a U.S. citizen or lawful permanent resident (source-1).
Analysis
The claim that "birthright citizenship applies to children born to non-citizen parents" is misleading. While the Fourteenth Amendment does provide a broad guarantee of citizenship to those born in the U.S., the interpretation of "subject to the jurisdiction thereof" has significant implications. Legal experts generally agree that this phrase excludes children of foreign diplomats and, as per the recent executive order, children born to non-citizen parents under certain conditions (source-1, source-4).
The reliability of the sources is high, particularly the executive order, which reflects current federal policy. However, it is important to note that interpretations of the Fourteenth Amendment have been contentious and subject to legal challenges. The Supreme Court's ruling in United States v. Wong Kim Ark (1898) established a precedent for birthright citizenship, but the recent political climate has introduced new debates regarding its applicability (source-4).
Conclusion
The claim that "birthright citizenship applies to children born to non-citizen parents" is False. While the Fourteenth Amendment provides a framework for birthright citizenship, recent interpretations and executive orders clarify that children born to non-citizen parents under certain conditions do not automatically qualify for citizenship. This nuanced understanding of "subject to the jurisdiction thereof" is critical in assessing the validity of the claim.
Sources
- Protecting The Meaning And Value Of American Citizenship
- Obtaining U.S. Citizenship for a Child Born Abroad
- U.S. Citizenship at Birth for Children of U.S. Citizen(s) Born Outside the U.S.
- Birthright citizenship in the United States
- What the Supreme Court's Ruling Will Mean for Birthright Citizenship
- Birthright Citizenship & Supreme Court CASA v. Trump Ruling: Frequently Asked Questions
