Politics
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.
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.
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].

Politics
Video: The Efforts to Erase Black History

President Trump’s executive orders have sought to reframe the history of race and culture in America. Erica L. Green, a White House correspondent for The New York Times, describes how the orders have led to the erasing of history of the Black experience.
Politics
Judge Boasberg orders Rubio to refer Trump officials' Signal messages to DOJ to ensure preservation

NEWYou can now listen to Fox News articles!
A federal judge on Friday ordered Secretary of State Marco Rubio, who is also serving as the acting archivist, to collect any Signal messages belonging to top Trump officials that could be at risk of deletion and to refer those messages to the Department of Justice for further review.
Judge James Boasberg said his hands were tied beyond that and that he could not do anything about Signal messages that had already been deleted.
Boasberg’s order came in response to a watchdog group suing five of President Donald Trump’s Cabinet members, including Rubio, after the Atlantic published a story revealing their Signal chat discussing imminent plans to conduct airstrikes against the Houthis in Yemen.
Boasberg, who has become one of Trump’s top judicial nemeses because of his rulings in an unrelated immigration case, said the court record shows that the five Trump officials “have thus far neglected to fulfill their duties” under the Federal Records Act.
JUDGE IN CROSSHAIRS OF TRUMP DEPORTATION CASE ORDERS PRESERVATION OF SIGNAL MESSAGES
U.S. Secretary of State Marco Rubio announced new policies surrounding visas. (Anna Moneymaker/Getty Images)
The judge said American Oversight, the left-leaning watchdog that brought the lawsuit, made a strong case that the Cabinet officials have used Signal, an encrypted messaging app, to communicate for work purposes and that they have allowed the messages to auto-delete, likely rendering them permanently lost.
But in the context of the Federal Records Act, Boasberg said he had limited options to address American Oversight’s allegations aside from demanding that Rubio ask Attorney General Pam Bondi to ensure compliance with the law for existing Signal messages that were at risk of deletion.
Chioma Chukwu, executive director of American Oversight, indicated in a statement that the group’s lawsuit was over for now but that it was “fully prepared” to sue again if it found the Trump administration failed to comply with Boabsberg’s order.
JUDGE TELLS GOVERNMENT WATCHDOGS FIRED BY TRUMP THERE’S NOT MUCH SHE CAN DO FOR THEM

“It should never have required court intervention to compel the acting Archivist and other agency heads to perform their basic legal duties, let alone to refer the matter to the Attorney General for enforcement,” Chukwu said.
The explosive Signal incident involved Rubio, Secretary of Defense Pete Hegseth, CIA Director John Ratcliffe, Director of National Intelligence Tulsi Gabbard, and others communicating about their attack plans in a chat group after then-National Security Adviser Mike Waltz apparently accidentally added an Atlantic journalist to the chat.
The Trump administration denied wrongdoing and insisted the communication was not “classified.” Bondi dodged a question during a press conference about investigating the incident and instead doubled down on the White House’s claims that the chat was merely “sensitive” and not “classified.”
The Pentagon inspector general launched an investigation into the incident in April in response to a bipartisan request from the Senate Armed Services Committee.
Politics
Supreme Court joins Trump and GOP in targeting California's emission standards
WASHINGTON — The Supreme Court on Friday joined President Trump and congressional Republicans in siding with the oil and gas industry in its challenge to California’s drive for electric vehicles.
In a 7-2 decision, the justices revived the industry’s lawsuit and ruled that fuel makers had standing to sue over California’s strict emissions standards.
The suit argued that California and the Environmental Protection Agency under President Biden were abusing their power by relying on the 1970s-era rule for fighting smog as a means of combating climate change in the 21st century.
California’s new emissions standards “did not target a local California air-quality problem — as they say is required by the Clean Air Act — but instead were designed to address global climate change,” Justice Brett M. Kavanaugh wrote, using italics to described the industry’s position.
The court did not rule on the suit itself but he said the fuel makers had standing to sue because they would be injured by the state’s rule.
“The fuel producers make money by selling fuel. Therefore, the decrease in purchases of gasoline and other liquid fuels resulting from the California regulations hurts their bottom line,” Kavanaugh said.
Only Justices Sonia Sotomayor and Ketanji Brown Jackson disagreed.
Jackson questioned why the court would “revive a fuel-industry lawsuit that all agree will soon be moot (and is largely moot already). … This case gives fodder to the unfortunate perception that moneyed interests enjoy an easier road to relief in this Court than ordinary citizens.”
But the outcome was overshadowed by the recent actions of Trump and congressional Republicans.
With Trump’s backing, the House and Senate adopted measures disapproving regulations adopted by the Biden administration that would have allowed California to enforce broad new regulations to require “zero emissions” cars and trucks.
Trump said the new rules adopted by Congress were designed to displace California as the nation’s leader in fighting air pollution and greenhouse gases.
In a bill-signing ceremony at the White House, he said the disapproval measures “will prevent California’s attempt to impose a nationwide electric vehicle mandate and to regulate national fuel economy by regulating carbon emissions.”
“Our Constitution does not allow one state special status to create standards that limit consumer choice and impose an electric vehicle mandate upon the entire nation,” he said.
In response to Friday’s decision, California Atty. Gen. Rob Bonta said “the fight for fight for clean air is far from over. While we are disappointed by the Supreme Court’s decision to allow this case to go forward in the lower court, we will continue to vigorously defend California’s authority under the Clean Air Act.”
Some environmentalists said the decision greenlights future lawsuits from industry and polluters.
“This is a dangerous precedent from a court hellbent on protecting corporate interests,” said David Pettit, an attorney at the Center for Biological Diversity’s Climate Law Institute. “This decision opens the door to more oil industry lawsuits attacking states’ ability to protect their residents and wildlife from climate change.”
Times staff writer Tony Briscoe, in Los Angeles, contributed to this report.
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