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Contributor: Ending birthright citizenship will mostly affect U.S. citizens

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Contributor: Ending birthright citizenship will mostly affect U.S. citizens

The Trump administration’s executive order to limit birthright citizenship is a serious challenge to the 14th Amendment, which enshrined a radical principle of our democratic experiment: that anyone born here is an American. But the order will most affect average Americans — whose own citizenship, until this point, has been presumed and assured — rather than the intended target, illegal immigrants. The irony is hiding in plain sight.

Contrary to conventional wisdom, birthright citizenship is not entirely settled U.S. law. The executive order states, “the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States” and it is very narrowly drafted to exploit this uncertainty by rejecting citizenship to children born in the United States to parents who are not citizens or legal permanent residents. Federal law and practice has recognized American citizenship to anyone born here since the Supreme Court’s landmark 1898 decision in U.S. vs. Wong Kim Ark. But that case did not specifically protect the birthright of children born in the United States to noncitizen, nonresident aliens.

This is a massive blind spot that states are sleep-walking into. They are depending on weak legal precedent, federal code, policy and hair-splitting over the meaning of “subject of the jurisdiction thereto.” In a brief, the states argue that the “understanding of birthright citizenship has permeated executive agency guidance for decades — and no prior administration has deviated from it.” But that won’t matter to this Supreme Court, which has demonstrated a certain glee in dismantling precedent. There is a clear risk that the justices could fundamentally restrict the definition of birthright citizenship and overturn the 1898 ruling.

The executive order directs the federal government not to issue or accept documents recognizing U.S. citizenship for children born to parents unlawfully present here — but also to parents who are here legally but temporarily. This second group is a potentially vast population (the State Department issued 14.2 million nonimmigrant visas in fiscal year 2024) that includes students, artists, models, executives, investors, laborers, engineers, academics, tourists, temporary protected status groups, ship and plane crews, engineers, asylees, refugees and humanitarian parolees.

A limited change targeting a specific population — nonresident aliens — will have huge effects on those who will least expect it: American citizen parents giving birth to children in the United States. Until this point, a valid, state-issued birth certificate established prima facie evidence of U.S. citizenship to every child born in the country. That would no longer be the case if citizenship depended on verifying certain facts about every U.S.-born child’s parents. With that presumption removed by executive order, citizenship must be adjudicated by a federal official.

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I know what that adjudication involves. I was a U.S. consular officer in Latin America, and both of my children were born overseas to married U.S. citizen parents carrying diplomatic passports. But because they did not have the presumption of citizenship conferred by an American birth certificate, we had to go to the U.S. Consulate for adjudication of transmission to demonstrate to the U.S. government that our children were American citizens.

This was document-intensive and time-consuming. Each time, we filled out forms. We photographed the baby in triplicate. We swore an oath before the consular officer. We brandished our passports. We presented the baby to the consular officer. We surrendered the local birth certificate. We demonstrated our hospital stay. Only then did we receive a Consular Report of Birth Abroad and only with that report could we apply for U.S. passports for our children. Without the report or a passport, our children could neither leave the country of their birth nor enter the United States.

That is an evidentiary and bureaucratic burden that all natural-born American citizens have until now not had to bear. The Trump administration’s change, if allowed by courts, will require those same parents to prove their own citizenship to the federal government. Good luck, because showing your birth certificate wouldn’t be sufficient in the new regime: The government would require proof not only that you were born in the U.S., but also that at least one of your parents was a U.S. citizen at the time. (Supreme Court Justice Brett Kavanaugh expressed skepticism over this “practical question” during oral arguments last week.)

Americans several generations removed from their immigrant forebears — even those whose ancestors came to North America 10,000 years ago — will suddenly be treated like the unlawfully present parents they thought this rule was designed to exclude.

This rule will lead to chaos, even danger. The federal bureaucracy will have to expand drastically to adjudicate the 3.5 million children born here every year. (For comparison, 1 million people are issued permanent residency status each year and 800,000 become naturalized citizens. This population is typically much better documented than a newborn.) Fearing immigration enforcement, undocumented parents will avoid hospitals for childbirth, dramatically escalating medical risk for mother and baby. Because hospitals also generate birth certificates — as Justice Sonia Sotomayor also noted last week — those babies will form a large, new and entirely avoidable population of stateless children.

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It is a truism in some communities that ancestors and family members came to this country legally. But the administration is prepared to dismantle the presumption of citizenship that has been a literal birthright for 125 years. U.S. citizenship is on the brink of becoming a privilege rather than a right, bestowed on those who can afford protracted bureaucratic struggles. Most of the burden will fall on those who least expected it: American parents themselves.

James Thomas Snyder is a former U.S. consular officer and NATO International Staff member.

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Ideas expressed in the piece

  • The executive order targeting birthright citizenship undermines the 14th Amendment’s guarantee that anyone born in the U.S. is a citizen, potentially overturning 125 years of legal precedent established by U.S. v. Wong Kim Ark (1898). This creates uncertainty for children born to noncitizen parents, including those lawfully present on temporary visas[3][4].
  • Removing the presumption of citizenship for U.S.-born children forces American parents to undergo burdensome bureaucratic processes to prove their own citizenship status, a requirement previously avoided due to automatic birthright recognition. This disproportionately impacts multi-generational citizens who may lack documentation proving their parents’ status[3][5].
  • The policy risks creating stateless children, as undocumented parents might avoid hospitals to evade scrutiny, leading to unregistered births and heightened medical dangers. Hospitals, which issue birth certificates, could see reduced attendance, exacerbating public health risks[4][5].
  • Federal agencies would face chaos adjudicating citizenship for 3.5 million annual births, a logistical challenge far exceeding current capacities for naturalization or permanent residency processes. This could delay critical documents like passports and Social Security cards[4][5].

Different views on the topic

  • The Trump administration argues the 14th Amendment’s phrase “subject to the jurisdiction thereof” excludes children of noncitizens, particularly those unlawfully present or on temporary visas, claiming this narrow interpretation aligns with constitutional intent[1][2].
  • Supporters contend the order preserves citizenship’s value by closing perceived loopholes, ensuring it is reserved for those with permanent ties to the U.S. rather than temporary visitors or undocumented individuals[1][2].
  • Legal briefs from the administration emphasize that prior agencies’ broad interpretations of birthright citizenship lack explicit constitutional or judicial endorsement, framing the order as correcting longstanding executive overreach[3][5].
  • Proponents dismiss concerns about statelessness, asserting that children born to temporary visitors would inherit their parents’ nationality, though this fails to address cases where foreign nations restrict citizenship by descent[2][5].

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The growing list of controversies threatening Democrat Graham Platner’s Maine Senate bid

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The growing list of controversies threatening Democrat Graham Platner’s Maine Senate bid

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Maine Democratic Senate candidate Graham Platner has emerged as one of the party’s fastest-rising political figures, drawing national attention for his populist message and outsider image.

But as his profile has grown, so has scrutiny of his past conduct, with controversies ranging from sexually explicit messages and offensive social media posts to a Nazi-linked tattoo and campaign staff upheaval.

PLATNER CONTROVERSIES FUEL SPECULATION ABOUT LITTLE-KNOWN MAINE BALLOT REPLACEMENT PROVISION

In continued clean-up of those scandals, Platner came to Washington, D.C. on Tuesday to huddle with party figures at the Democratic Senatorial Campaign Committee headquarters just one week before his primary election.

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The Marine veteran and oyster farmer has defended himself against the criticism and retained the support of prominent Democrats, including Senate Minority Leader Chuck Schumer, D-N.Y., and Sens. Bernie Sanders, I-Vt., and Elizabeth Warren, D-Mass. Still, some have questioned whether the allegations could complicate Democrats’ efforts to unseat Sen. Susan Collins, R-Maine, in one of the nation’s most closely watched Senate races.

Here’s a look at the major controversies that have engulfed Platner’s campaign.

Explicit text messages and sexting allegations

Senate candidate Graham Platner is under fire, but it was his wife Amy Gertner coming out with a controversial five-minute social media post by the campaign to denounce the ‘attacks’ while she did not deny the allegations of infidelity in a new marriage. (Joe Raedle/Getty Images)

The most recent controversy surrounding Platner stems from reports that he exchanged sexually explicit messages with multiple women during his marriage, an issue that campaign aides were reportedly aware of as his Senate bid was taking shape.

The Wall Street Journal reported that Platner’s wife, Amy Gertner, informed a campaign aide about the text exchanges shortly after he launched his Senate bid as staffers were assessing potential political liabilities.

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According to the report, Gertner discovered the messages months after the couple married in 2024 and disclosed their existence before her husband held a campaign rally alongside progressive Sen. Sanders. The campaign told Politico that the aide viewed the matter as a private issue between the couple and did not raise concerns about it publicly.

SENATE CANDIDATE GRAHAM PLATNER SENT EXPLICIT TEXTS TO MULTIPLE WOMEN WHILE MARRIED, WIFE SAYS: REPORT

Platner’s campaign later confirmed the existence of the text exchanges to Politico.

He also told Fox News Digital in a statement: “Amy and I went through something hard — because of me. We did the work, and I’m grateful for her every hour of every day.”

“I’ve learned throughout this campaign is that people don’t care about gossip or headlines, they care that you’re fighting for their hospitals, their paycheck, their kids… Our opponents want politics to be empty of content and empty of actual change — and beating that is exactly what our movement is about,” he added.

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In a statement to the Journal, Gertner criticized the disclosure of the information, saying she had shared “deeply personal details” about her marriage with someone she considered a friend, only to see those details become public.

She revealed that the two attended couple’s counseling, worked through the issues in their marriage and have since emerged as a stronger couple.

“I know who Graham is. I know the man I married and the husband he has been to me on the best and the worst days of my life,” Gertner said. “That hasn’t changed, and it won’t.”

Nazi-linked tattoo

Graham Platner, a Democratic candidate for U.S. Senate in Maine, points to a covered tattoo that was previously recognized as a Nazi symbol during an interview in Portland, Maine, on Oct. 22, 2025. (WGME via AP)

Platner’s campaign also faced intense scrutiny after it was revealed he once had a skull-and-crossbones tattoo on his chest closely resembling the “Totenkopf” symbol used by Hitler’s SS paramilitary forces.

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The Maine Democrat said he got the tattoo during a “night of drinking” while on leave in Croatia in 2007 as a Marine and claimed he was entirely unaware of its meaning at the time.

In an Instagram video posted in May, Platner elaborated on the tattoo’s origins. He explained that he merely selected the design from a flash tattoo wall while “carousing” with fellow Marines in Split, Croatia.

“We thought it looked cool,” he downplayed.

Platner said he was later “appalled” to learn the image resembled a Nazi symbol, arguing that his life and career have been defined by opposition to fascism, racism and Nazism. He also noted that he was never questioned about the tattoo during his military service.

MAINE DEM SENATE HOPEFUL BACKED BY BERNIE SANDERS APOLOGIZES FOR NAZI-STYLE TATTOO, VOWS TO STAY IN RACE

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Rather than undergo removal, Platner said he chose to cover the tattoo because tattoo removal services were not readily available near his rural Maine home.

“Going to a tattoo removal place is going to take a while,” he told The Associated Press. “I wanted this thing off my body.”

The symbol was ultimately covered with a tattoo featuring a Celtic knot and images of dogs, which Platner said were meant to honor his family pets.

Deleted Reddit posts reveal offensive comments

U.S. Senate candidate from Maine Graham Platner speaks during a campaign event on May 17, 2026, in Portland, Maine. (Joe Raedle/Getty Images)

The keystone scrutiny Platner has faced during his bid stemmed from thousands of now-deleted Reddit posts that resurfaced after he launched his Senate campaign.

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In posts first reported by CNN and Politico, Platner referred to himself as a “communist” and “socialist” and endorsed the slogan “all cops are b—–ds.”

In other posts, he argued that those who “expect to fight fascism without a good semi-automatic rifle, they ought to do some reading of history” and said that “an armed working class is a requirement for economic justice.”

DELETED POSTS URGING VIOLENCE HAUNT DEMOCRATIC SENATE HOPEFUL IN MAINE RACE

The posts under his since-retired username “P-hustle” were deleted before Platner announced his Democratic Senate bid in August.

The candidate has since addressed the posts multiple times, telling CNN and Politico that he was “f—ing around on the internet” during a period when he felt “lost and very disillusioned with our government who sent me overseas to watch my friends die.”

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“I made dumb jokes and picked fights,” Platner said. “But of course I’m not a socialist. I’m a small business owner, a Marine Corps veteran, and a retired s—poster.”

In the posts Platner made crude comments about masturbating in port-a-potties and claimed a U.S. service member who took enemy fire in Afghanistan “didn’t deserve to live.”

GRAHAM PLATNER VOWS TO ‘COME AFTER’ BEZOS AS SENATE HOPEFUL ESCALATES BILLIONAIRE TAX FIGHT

The controversies have done little to erode Platner’s standing within the Democratic Party as he has continued to attract national attention and grassroots support in the Democratic primary bid to challenge Sen. Collins for her seat.

Since former Democratic Maine Gov. Janet Mills halted her campaign in April, much of the party establishment has consolidated behind Platner, and national Democrats have continued to support his candidacy despite the flurry of scandals.

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The steady stream of allegations and past controversies has also drawn attention to a little-known provision in Maine election law that allows political parties to replace a nominee under certain circumstances after a primary election.

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Under state law, a candidate who wins a primary and subsequently withdraws by 5 p.m. on July 13 can be replaced by a nominee selected by party officials. Any replacement candidate must then be chosen by 5 p.m. on July 27.

There is currently no indication that Platner plans to withdraw from the race, and the Democratic hopeful has repeatedly vowed to continue his campaign. Still, the provision has drawn renewed interest as questions persist about whether additional revelations could complicate his candidacy.

Platner’s campaign did not immediately respond to Fox News Digital’s request for comment.

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Commentary: Bass clears first hurdle, but if Pratt holds off Raman, the mayoral race could be a holy war

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Commentary: Bass clears first hurdle, but if Pratt holds off Raman, the mayoral race could be a holy war

L.A. Mayor Karen Bass made what sounded like a victory speech Tuesday night.

Councilmember Nithya Raman made what sounded almost like a concession speech.

And former reality TV star Spencer Pratt relayed a message from the heavens.

“Well, obviously God wanted five more months of me exposing all the failures of our mayor, so it’s gonna be a fun ride,” Pratt said. “I hope she’s ready.”

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Assuming Pratt holds on to one of the two spots in the Nov. 3 general election as the final votes are tallied in the next few days, the smart money will be on Bass, for reasons I’ll get into in a moment.

But the supreme being and patron of all pontiffs has to be considered a wild card. This is the first time, to my knowledge, that an incumbent mayor in the City of Angels would be running against a challenger whose campaign manager is God Almighty.

So here we go. We could be in for one of the more remarkable electoral adventures in city history, with a complete novice and MAGA conservative going up against a liberal career politician in a deep-blue city and state full of people who are tired of hearing excuses from Democrats. (If Raman ends up ousting Pratt, my apologies for jumping to conclusions. But it’s not my fault. The devil made me do it.)

If you intend to follow closely, as of course you should, maybe you can help me count the number of times Pratt plays the faith card. I went to St. Peter Martyr School and attended the church by the same name, and I don’t recall ever hearing a nun or a priest drop God’s name as often as Pratt does.

In fact, I just watched a clip of Pratt talking to Fox News TV host and Donald Trump disciple Kayleigh McEnany, and over the course of 1 minute and 52 seconds, he mentioned God or Jesus 10 times.

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“Thankfully, I married an angel who was very connected with Jesus and has brought me to the light,” Pratt said of his wife and former reality TV co-star Heidi Montag. “It’s been very empowering to just pray and just be on his path and just say, ‘God, if you want me to save these animals, save these humans and protect my city, just keep putting me in the place where I can do that.’”

Is he running for mayor or cardinal?

Look, I totally respect your average true believer. But I’m not entirely comfortable with a mayor who might be sitting around City Hall waiting for signs and smoke signals rather than knowing what to do on his own.

God has a lot on his plate. He might be busy multiplying fishes and loaves so people don’t go hungry thanks to the president’s tariffs and warmongering. Is he going to rush to answer a prayer for guidance about underfunded parks or broken sidewalks in Los Angeles?

How did we get here, you ask?

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Well, Pratt is an AI creation, in a way. A composite of sorts. You combine the forces of social media, political rebellion, second-rate celebrity obsession and the Peter Principle, and here’s a little Trump puppet walking around L.A. like he’s the chosen one.

Add to that the very real essence of his appeal to some voters:

Los Angeles has problems. Big problems that don’t get fixed quickly enough or at all, and Pratt represents the angry voter who wants to know why City Hall can’t do better and where all the money went. He’s absolutely right when he says we shouldn’t have people living on the streets, using drugs on the streets and dying on the streets.

But if Pratt is in the general election rather than Raman, we’re in for a national media circus rather than a summit on solutions. Raman is well-versed on matters of relevance and could have pushed back against Bass in substantive, detailed ways. On the other hand, as Pratt has fairly argued, Raman headed City Council’s homelessness committee, so isn’t she partly to blame for the failures she tried to pin on Bass?

As for Pratt’s policy chops, he has not responded to my offers of a get-together. Absent that, and given his careful avoidance of local reporters who know their stuff, I read his platform on his campaign website and I can tell you that while he touches on many of the right issues — public safety, fiscal integrity, homelessness — attention to detail and depth of knowledge are not God-given strengths.

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Maybe Pratt can actually deliver on his promise of a “treatment-led recovery model that addresses mental illness and addiction as the primary drivers of chronic homelessness.” But that would require an act of God (which I suppose is possible given their relationship), because those matters are primarily under the direction of the county, not the city.

This is the main problem here. Bass was beatable, and could have been pushed by a serious challenger to do better.

In the last election, Rick Caruso gave her a scare. That was partly because he had some depth on the issues, he was a successful businessman and philanthropist, he had served on the police commission and the water and power board, he had built relationships across the city and, along with his family, he had poured time and millions of dollars into underserved communities.

In this election, it looks as though Bass could get lucky and face off against a guy who lost his house in the Palisades fire, saw a few homeless encampments through his car window, and decided he wanted to be mayor. Some might have questioned his hubris, but only before learning that he was on a mission from God.

If you’re keeping count, that’s nine mentions of God so far in this column.

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One more for the tie, with an eye toward five more months of campaign fodder.

Thank you, God.

steve.lopez@latimes.com

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Bessent flips script on Dem senator with reminder about his son’s past ties to Epstein

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Bessent flips script on Dem senator with reminder about his son’s past ties to Epstein

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Sen. Ron Wyden, D-Ore., suddenly found himself on the defensive at a budget hearing on Wednesday when, amid levying accusations of the Trump administration’s “corrupt” dealings, Treasury Secretary Scott Bessent fired back by bringing Wyden’s son’s investments into the exchange.

“We would like to hear what Adam Wyden and Jeffrey Epstein talked about,” Bessent said, referring to unearthed emails drawing a connection between the senator’s son and the disgraced financier.

“Did your son and Jeffrey Epstein talk about pole dancing as he begged him for money?”

The moment continues the political fallout for the many names associated with Epstein that — despite not amounting to proof of wrongdoing — continue to prompt embarrassment and scandal at even the smallest mention.

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TOP FIERY MOMENTS AS DEMOCRATS CLASH WITH TREASURY SECRETARY BESSENT IN CHAOTIC HILL HEARINGS

Treasury Secretary Scott Bessent, left, pictured along Sen. Ron Wyden, D-Ore, right. (Aaron Schwartz/Bloomberg via Getty Images; Chip Somodevilla/Getty Images)

Epstein, a former financier, died while in prison on charges of sex trafficking minors in 2019, leaving behind questions of whether he facilitated illegal sexual encounters for his vast network of rich and powerful figures.

Amid public demands for transparency on the matter, the Department of Justice released troves of documents on Epstein late last year, unveiling a slew of new names with all manner of ties to the infamous figure ranging from purely innocuous to alarming.

Among them, emails surfaced indicating that Adam Wyden, Ron Wyden’s son, went to Epstein, hoping to gain his support for a business venture.

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UNEARTHED EMAILS REVEAL DEM SENATOR’S SON WANTED EPSTEIN TO JOIN HIS FUND: ‘ENJOYED OUR CONVERSATION’

Sen. Ron Wyden leaves a Senate Democratic meeting at the U.S. Capitol Building in Washington, D.C., on Oct. 3, 2025, as the federal government shuts down after Congress and the White House failed to reach a funding deal. (Kevin Dietsch/Getty Images)

“Jeffrey, I wanted to thank you for taking the time to meet with me. I thoroughly enjoyed our conversation and hope my passion and dedication for my business came through in the meeting. I live and breathe this business and take my returns, integrity and reputation quite seriously,” the younger Wyden said in an email in April 2016.

“I intensely appreciate like-minded individuals and would very much look forward to having you join us at the fund.”

The emails came after Epstein pleaded guilty to soliciting a minor for prostitution in Florida in 2008.

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It’s unclear what the business venture discussed by Adam Wyden and Epstein may have been or what, specifically, had been discussed in their conversations.

Even so, Bessent reminded viewers that the younger Wyden had a history of investing in off-color markets at Wednesday’s hearing.

DEMOCRATS ARE HAMMERING REPUBLICANS ON EPSTEIN, BUT ONE SENATOR BRUSHED OFF THE ISSUE YEARS AGO

Treasury Secretary Scott Bessent addresses a press conference in Rosenbad after trade talks between the U.S. and China concluded in Stockholm, Sweden, on July 29, 2025. (Magnus Lejhall/TT News Agency/AFP via Getty Images)

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Your son’s largest investment position was Rick’s Cabaret,” Bessent said, referring to a series of strip clubs.

Wyden, who has widely panned the Trump administration and its many officials for their own connections to Epstein, didn’t respond to Bessent’s jabs.

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