Fact Check: Citizenship Status May Now Depend on Your Birth State
What We Know
On January 20, 2025, President Trump issued an executive order titled “Protecting the Meaning and Value of American Citizenship” which asserts that the interpretation of the Fourteenth Amendment regarding birthright citizenship is limited. The order claims that citizenship is granted only to those born in the U.S. who are also "subject to the jurisdiction thereof" (source). This executive order outlines two specific scenarios where a child born in the U.S. would not be considered "subject to the jurisdiction" and therefore would not receive citizenship: (1) if the mother was unlawfully present and the father was not a citizen or lawful permanent resident, and (2) if the mother was temporarily present and the father was not a citizen or lawful permanent resident at the time of birth (source).
The implications of this order are significant. If upheld, it could potentially deny citizenship to approximately 250,000 children born to undocumented parents each year, as well as to many born to temporary visitors (source). This would mark a departure from over 125 years of precedent established by the Supreme Court case United States v. Wong Kim Ark, which affirmed that anyone born in the U.S. is a citizen, with very few exceptions (source).
The Supreme Court has recently ruled on related matters, allowing the executive order to be applied in states that did not challenge it, while leaving unresolved questions about its constitutionality and practical implications (source, source).
Analysis
The claim that citizenship status may now depend on one's birth state is partially true. The executive order does create a framework where the application of birthright citizenship could vary by state, depending on whether states challenge the order. In states where the order is not contested, children born to undocumented immigrants may not automatically receive citizenship, while those born in states that oppose the order may continue to be granted citizenship (source, source).
However, the reliability of the executive order itself is questionable. Legal experts argue that the interpretation of the Fourteenth Amendment presented in the order conflicts with established judicial precedent, particularly the ruling in Wong Kim Ark (source). Furthermore, the Supreme Court's recent decisions have not definitively settled the legality of the executive order, leaving room for ongoing legal challenges (source, source).
The potential for varied outcomes based on state challenges introduces a significant level of uncertainty. While the executive order may allow for different interpretations depending on the state, its actual implementation and the resulting legal landscape remain in flux.
Conclusion
The claim that citizenship status may now depend on your birth state is Partially True. While the executive order does create a situation where birthright citizenship could vary by state, its constitutionality is still being challenged, and the long-standing precedent of the Fourteenth Amendment remains a significant legal barrier to its full implementation. The future of birthright citizenship in the U.S. is uncertain, hinging on ongoing legal battles and potential Supreme Court rulings.
