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From Fox News: While nearly two dozen states are suing to stop President Donald Trump’s executive order ending birthright citizenship for the children of illegal immigrants, some legal experts, such as Hans von Spakovsky with the Heritage Foundation, say the order is perfectly legal under the 14th Amendment and should be upheld by the courts.
“I strongly believe that Donald Trump is correct, that we need to enforce the 14th Amendment as it was originally intended,” Spakovsky told Fox News Digital. “No doubt there will be lawsuits against it, it’ll get to the U.S. Supreme Court, and if the court follows the actual legislative intent and history, they will uphold what Donald Trump has done.”
As Trump has moved quickly to clamp down on illegal immigration, his most controversial move yet was to issue an executive order ending birthright citizenship for children of illegal immigrants.
The order titled the “Protecting the Meaning and Value of American Citizenship” states that “the privilege of United States citizenship does not automatically extend to persons born in the United States” when that person’s parents are either unlawfully present in the U.S. or when the parents’ presence is lawful but temporary.
Spakovsky, a senior legal fellow at the Heritage Foundation and an authority on civil rights and immigration, said in a virtual statement to Fox News Digital:
“The 14th Amendment has two key clauses in it. One, you have to be born in the United States, but you also have to be subject to the jurisdiction of the United States. All those who push birthright citizenship just point to that first phrase and ignore the second. I’ve done a lot of research on this. I’ve looked at the original passage of the 14th Amendment and what that phrase meant subject to the jurisdiction of the United States. According to the original sponsors of the 14th Amendment in Congress was that you owed your political allegiance to the United States and not a foreign government.”
“That means that children born of aliens who are in this country, and it doesn’t matter whether they’re here legally, illegally, as diplomats; if their parents are foreign citizens when they are born they are citizens of their parents’ native land, they owe their political allegiance to and are subject to the jurisdiction of those native lands, not the United States. So, they are not citizens of the U.S..”
WATCH his full remarks below, which provides an excellent analysis for anyone who has questions about the issue:
Trump order ending birthright citizenship for illegal immigrants is constitutional, expert says https://t.co/mqyfWauCqA
— Fox News (@FoxNews) January 27, 2025
Trump’s order was set to go into effect 30 days form his inauguration, which would be February 20. However, a federal just has blocked the order for now:
BREAKING: Federal judge blocks Trump order on birthright citizenship nationwide
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