Fact Check: Birthright citizenship now depends on state and county laws.

Fact Check: "Birthright citizenship now depends on state and county laws."

What We Know

The claim that "birthright citizenship now depends on state and county laws" is misleading. Birthright citizenship in the United States is primarily governed by the Fourteenth Amendment of the Constitution, which states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside" (source-1). This amendment has historically been interpreted to grant citizenship to individuals born on U.S. soil, with certain exceptions for those not "subject to the jurisdiction" of the United States.

Recent executive orders and proposed legislation, such as the Birthright Citizenship Act of 2025, aim to redefine the parameters of who qualifies for birthright citizenship. These proposals suggest that citizenship would only be granted to children born in the U.S. if at least one parent is a U.S. citizen or lawful permanent resident (source-2, source-5). However, these changes have not yet been enacted into law and are subject to judicial review.

Analysis

The assertion that birthright citizenship is contingent upon state and county laws is inaccurate. The Constitution provides a federal standard for citizenship that cannot be overridden by state or local laws. While there are ongoing discussions and legal challenges regarding the interpretation of the Fourteenth Amendment, the fundamental principle remains that citizenship is determined at the federal level.

The executive order issued on January 20, 2025, emphasizes that the Fourteenth Amendment does not extend citizenship universally to everyone born in the United States, but it does not grant states the authority to redefine citizenship (source-1). Furthermore, the Supreme Court has not ruled on the legality of the executive order, which means that the status of birthright citizenship remains as it has been historically understood until any new legislation is passed and upheld in court (source-3).

The reliability of the sources discussing these issues is generally high, as they include official government documents and reputable news organizations. However, the interpretation of the law can vary, and ongoing legal battles may influence future outcomes.

Conclusion

The claim that "birthright citizenship now depends on state and county laws" is False. Birthright citizenship is governed by the Fourteenth Amendment and federal law, not by state or local regulations. While there are attempts to redefine the criteria for citizenship, these efforts have not yet changed the constitutional framework that governs citizenship in the United States.

Fact Check: Birthright citizenship now depends on state and county laws.