Fact Check: Trump's Birthright Citizenship Order Could Strip Citizenship from American Babies
What We Know
On January 20, 2025, President Trump issued an executive order titled "Protecting The Meaning And Value Of American Citizenship," which aimed to redefine the criteria for birthright citizenship in the United States. The order asserts that the Fourteenth Amendment does not grant automatic citizenship to all individuals born on U.S. soil, particularly those whose parents are not "subject to the jurisdiction" of the U.S. at the time of birth. Specifically, it states that children born to mothers who are unlawfully present or whose presence is lawful but temporary (such as on a visa) would not automatically receive U.S. citizenship (source-1).
This executive order has sparked significant legal challenges. The Supreme Court ruled to allow the order to be applied in states that did not challenge it, although it did not rule on the constitutionality of the order itself. This means that in states where the order is in effect, children born to undocumented immigrants could potentially be denied citizenship (source-2; source-3).
Analysis
The claim that Trump's order could strip citizenship from American babies is partially true. The executive order indeed seeks to limit birthright citizenship by excluding certain categories of individuals based on their parents' immigration status. Critics argue that this could lead to a situation where children born to undocumented immigrants or those on temporary visas would not be recognized as U.S. citizens, effectively creating a class of stateless individuals (source-4; source-5).
However, the implementation of this order is fraught with legal challenges and uncertainties. The Supreme Court's ruling allows the order to take effect in states that have not challenged it, but it does not provide a clear path for enforcement, as various lawsuits are likely to continue. Additionally, the order includes a 30-day delay before it can be implemented, which gives time for further legal actions (source-2; source-3).
The potential for stripping citizenship hinges on the legal interpretations of "subject to the jurisdiction" and the subsequent enforcement of the order, which remains to be seen as courts continue to deliberate on the matter.
Conclusion
The verdict on the claim that Trump's birthright citizenship order could strip citizenship from American babies is Partially True. While the executive order does propose changes that could result in certain children being denied citizenship based on their parents' immigration status, the actual implementation of these changes is complicated by ongoing legal challenges and uncertainties surrounding the order's enforcement. Therefore, while the claim has merit, it is not yet fully realized, and its future remains uncertain.
Sources
- Protecting The Meaning And Value Of American Citizenship
- What the Supreme Court's Ruling Will Mean for Birthright ...
- Supreme Court limits nationwide injunctions in birthright case
- Why Trump's birthright citizenship ban still faces an uphill ...
- Supreme Court in birthright case limits judges' power to ...
