Fact Check: "Birthright citizenship can be revoked by executive order."
What We Know
Birthright citizenship, established by the 14th Amendment of the U.S. Constitution, grants citizenship to anyone born in the United States, regardless of their parents' immigration status. This principle has been upheld by the Supreme Court for over a century, notably in the case of Wong Kim Ark, which confirmed that children born in the U.S. are citizens, irrespective of their parents' legal status (AP News).
In January 2025, President Trump signed an executive order aimed at redefining birthright citizenship, proposing to deny citizenship to children born to parents who are in the U.S. illegally or temporarily (Independent). However, this order has faced significant legal challenges. Multiple federal judges have blocked the implementation of this executive order, asserting that it is unconstitutional and contradicts established law (Brennan Center).
The Supreme Court recently ruled on the scope of nationwide injunctions related to this executive order but did not address the constitutionality of the order itself. The ruling allowed for the possibility of class-action lawsuits to challenge the order, indicating that the legal battle over birthright citizenship is ongoing (SCOTUS Blog).
Analysis
The claim that birthright citizenship can be revoked by executive order is misleading. The 14th Amendment clearly states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." This language has been interpreted by courts to mean that citizenship cannot be denied based on the parents' immigration status (Brennan Center).
Legal experts and judges have consistently ruled against the notion that a president can unilaterally alter constitutional rights through executive order. For instance, U.S. District Judge John Coughenour described Trump's order as "blatantly unconstitutional" (AP News). Furthermore, the Supreme Court's recent decision did not validate Trump's executive order but rather limited the scope of judicial relief, leaving the door open for further legal challenges (Independent, KQED).
The reliability of the sources used in this analysis is high, as they include reputable news organizations and legal experts. The AP and Independent articles provide comprehensive coverage of the legal proceedings and expert opinions, while the Brennan Center offers a detailed constitutional analysis.
Conclusion
Verdict: False. The claim that birthright citizenship can be revoked by executive order is false. The 14th Amendment guarantees citizenship to all individuals born in the U.S., and numerous legal rulings have upheld this interpretation against attempts to redefine it through executive action. The ongoing legal challenges to Trump's executive order further underscore the unlikelihood of such a revocation being legally permissible.
Sources
- Supreme Court ruling leaves birthright citizenship in limbo ...
- Judge strikes down Trump’s birthright citizenship order in ...
- Birthright Citizenship: Constitutional Analysis of Executive ...
- Supreme Court sides with Trump administration on nationwide ...
- Presidents Can’t End Birthright Citizenship | Brennan Center ...
- Trump Executive Order on Birthright Citizenship Sparks Legal Chal
- What the Supreme Court’s Latest Ruling Means for Birthright ...