Fact Check: Birthright citizenship now depends on the state where a child is born.

Fact Check: "Birthright citizenship now depends on the state where a child is born."

What We Know

The claim that "birthright citizenship now depends on the state where a child is born" suggests a significant change in the interpretation of citizenship laws in the United States. However, the legal framework surrounding birthright citizenship is primarily governed by the Fourteenth Amendment of the U.S. 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” (Protecting The Meaning And Value Of American Citizenship) [source-2].

This amendment has historically been interpreted to grant citizenship to individuals born on U.S. soil, with specific exceptions. For example, children born to foreign diplomats or those whose parents are not subject to U.S. jurisdiction at the time of birth do not automatically receive citizenship (What is birthright citizenship and what happens after ...) [source-3].

Recent executive actions have attempted to redefine who qualifies for birthright citizenship, particularly focusing on the status of the parents at the time of the child's birth. However, these changes have not yet been upheld by the courts and remain contentious (What is birthright citizenship and what happens after ...) [source-3].

Analysis

The assertion that birthright citizenship is now contingent on the state of birth misrepresents the current legal landscape. The Fourteenth Amendment remains the cornerstone of citizenship law, and any changes to its interpretation would require significant legal challenges and rulings from the Supreme Court.

While there have been executive orders aimed at limiting birthright citizenship, such as those issued by the Trump administration, these orders have faced legal challenges and have not been universally accepted or implemented (Protecting The Meaning And Value Of American Citizenship) [source-2]. The Supreme Court's recent ruling did not directly address the legality of these executive actions but did limit lower courts' abilities to block them with universal injunctions (What is birthright citizenship and what happens after ...) [source-3].

Moreover, states do not have the authority to independently alter the constitutional provisions regarding citizenship. Any claim suggesting that citizenship is determined by state law contradicts the federal supremacy established by the Constitution.

The sources used in this analysis are credible, including official government documents and news articles from reputable outlets. However, the interpretation of executive orders and their implications can vary, and ongoing legal battles may further complicate the situation.

Conclusion

Verdict: False. The claim that "birthright citizenship now depends on the state where a child is born" is misleading. Birthright citizenship in the United States is primarily governed by the Fourteenth Amendment, which does not allow states to determine citizenship status. While there have been attempts to redefine the parameters of citizenship through executive orders, these changes have not been legally established or recognized as valid by the courts.

Sources

1. PHARMACY2U LIMITED people - Find and update company information - GOV.UK
2. Protecting The Meaning And Value Of American Citizenship
3. What is birthright citizenship and what happens after ...
4. Birthright citizenship is 'protected' in Colorado despite ...
5. Texas parents to face challenges if birthright citizenship ends