Fact Check: "Trump can now revoke birthright citizenship state-by-state."
What We Know
The claim that "Trump can now revoke birthright citizenship state-by-state" stems from a recent Supreme Court ruling that limits the ability of federal judges to issue universal injunctions against executive actions. This ruling allows for the possibility that birthright citizenship could be revoked in states that do not challenge the executive order, as the Supreme Court did not rule on the constitutionality of the order itself but rather on the procedural aspects of how courts can block executive actions (Washington Post, NPR).
Historically, the United States has granted automatic citizenship to children born on U.S. soil, a principle rooted in the 14th Amendment. Trump's executive order, issued on his first day in office, claims that the amendment has never been interpreted to grant universal citizenship to all born in the U.S., particularly those born to undocumented immigrants (Texas Tribune, American Immigration Council).
The Supreme Court's decision allows lower courts to reconsider cases against Trump's order, potentially leading to a situation where states that have not joined lawsuits could see different outcomes regarding birthright citizenship (Reuters, New York Times).
Analysis
The ruling by the Supreme Court, which was a 6-3 decision, effectively strips lower federal courts of the power to issue nationwide injunctions against executive actions, including Trump's order on birthright citizenship. Justice Amy Coney Barrett, writing for the majority, emphasized that federal courts should limit their relief to the parties involved in a lawsuit rather than issuing broad orders that affect the entire country (Washington Post).
Critics of the ruling, including dissenting justices, argue that this decision could lead to a fragmented legal landscape where citizenship status could vary by state. They warn that this could create chaos for families with children born in different jurisdictions (NPR, Texas Tribune).
Legal experts have noted that while the ruling does not directly allow Trump to revoke birthright citizenship, it opens the door for challenges to be made on a state-by-state basis, particularly in states that have not engaged in litigation against the executive order (Reuters, New York Times).
The potential for varied outcomes across states raises significant concerns about the implications for citizenship rights and the legal status of children born to undocumented immigrants. Advocacy groups are already mobilizing to file class-action lawsuits to challenge the executive order, indicating that the fight over birthright citizenship is far from over (NPR, Texas Tribune).
Conclusion
The claim that "Trump can now revoke birthright citizenship state-by-state" is Partially True. While the Supreme Court's ruling does not explicitly grant Trump the power to revoke citizenship, it does limit the ability of federal courts to issue universal injunctions, potentially allowing for different interpretations and applications of citizenship laws across states. This could lead to a scenario where birthright citizenship is effectively revoked in states that do not challenge the executive order, creating a patchwork of citizenship rights across the country.
Sources
- Supreme Court limits nationwide orders that have blocked ...
- What is birthright citizenship and what happens after ...
- Supreme Court in birthright case limits judges' power to ...
- What the Supreme Court's Ruling Will Mean for Birthright ...
- Birthright citizenship unresolved after Supreme Court ruling
- Breaking Down Trump's Attempt to End Birthright Citizenship
