Trump Is Right About Birthright Citizenship

Trump is not changing the 14th Amendment but is applying it as it is written, following current laws and Supreme Court rulings. Recently, numerous Democrat state attorneys general and outside groups have filed lawsuits against Trump's executive order which ends birthright citizenship for children of illegal immigrants. They argue that the Supreme Court has decided that the 14th Amendment guarantees citizenship for anyone born in the U. S. , but they are misinterpreting the law. The courts should take this chance to clarify the law properly.

The 14th Amendment was created after the Civil War to ensure that former slaves were U. S. citizens, stating that all persons born or naturalized in the U. S. , and subject to its jurisdiction, are citizens. The plaintiffs primarily focus on the first part of this statement, ignoring the necessity of being subject to jurisdiction, which applies primarily to children of legal immigrants.

They misuse the United States v. Wong Kim Ark case from 1898, where a man born to Chinese immigrants in San Francisco was ruled a U. S. citizen. The plaintiffs incorrectly claim this means all children born in the U. S. to immigrant parents are citizens. However, the Supreme Court's ruling was based on Wong's parents being legal immigrants. This crucial detail is often overlooked in their arguments.

The Supreme Court emphasized the term "subject to the jurisdiction" because it indicates a mutual allegiance between the individual and the nation. Children born to those with legal residence, as Wong’s parents were, qualify for citizenship. In contrast, children born to illegal immigrants do not have this mutual relationship since they have not been permitted to stay legally in the U. S.

A more difficult issue arises regarding children born to temporary residents, like tourists or work visa holders. The Wong case suggests that there needs to be an intention for lawful, permanent residence for citizenship to apply, although this wasn't explicitly detailed in the ruling.

In their lawsuit, the Democrat state attorneys general state that the president cannot rewrite or cancel a constitutional amendment or a statute. However, Trump is merely applying the 14th Amendment according to its clear language and existing Supreme Court precedent, which should not be a matter of controversy. 

https://thefederalist.com/2025/01/24/trump-is-right-about-birthright-citizenship/