FACT FOCUS: A look at the Trump administration’s challenge to birthright citizenship
Summary
The Trump administration challenged the practice of birthright citizenship, which grants automatic U.S. citizenship to nearly everyone born on American soil. This policy, established by the 14th Amendment in 1868, is now under review by the Supreme Court due to a Trump executive order aiming to change it.Key Facts
- Birthright citizenship was established by the 14th Amendment in 1868, originally to ensure citizenship for former slaves.
- The Supreme Court has upheld that almost all people born in the U.S. are citizens, regardless of their parents' immigration status.
- There are very few exceptions, mainly children of foreign diplomats born in the U.S.
- President Donald Trump and his administration oppose birthright citizenship, calling it a “magnet for illegal immigration.”
- Trump claimed the U.S. is the only country with birthright citizenship, but this is incorrect; many countries also have it.
- The Supreme Court heard arguments about the legal meaning of “subject to the jurisdiction thereof” in the 14th Amendment, a key phrase in the citizenship debate.
- Some conservative justices questioned the Trump administration’s interpretation during oral arguments.
- The challenge comes amid increased border crossings and concerns about “birth tourism,” where non-U.S. citizens have babies in the U.S. solely for citizenship reasons.
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