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Opinion: Trump's executive order on birthright citizenship is legally sound

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Opinion: Trump's executive order on birthright citizenship is legally sound

Less than two weeks into this second Trump presidency, the fearmongering has already reached fever pitch. “He can’t do it!” the critics have invariably howled in decrying President Trump’s landmark Day 1 executive order upending the status quo on birthright citizenship for children born in the U.S. to parents who are neither permanent residents nor citizens. The usual suspects in the punditocracy say Trump’s order is blatantly unconstitutional and that it violates settled law. Perhaps it’s even “nativist” or “racist,” to boot!

Like the Bourbons of old, pearl-clutching American elites have learned nothing and forgotten nothing. Because when it comes to birthright citizenship, the virtue-signaling and armchair excoriation is not just silly; it’s dead wrong on the law. Trump’s Jan. 20 executive order on birthright citizenship is legally sound and fundamentally just. He deserves credit, not condemnation, for implementing such a bold order as one of his first second-term acts.

The Citizenship Clause of the 14th Amendment, ratified in 1868, reads: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The clause’s purpose was to overturn the infamous 1857 Supreme Court case, Dred Scott, and thereby ensure that Black Americans were, and would forever be, full-fledged citizens.

The clause was understood to apply to Black Americans because, even before emancipation, they had long been universally viewed as “subject to the jurisdiction” of the United States — unlike, for example, Native Americans. (Congress did not pass the Indian Citizenship Act, which finally extended birthright citizenship to Native Americans, until 1924.)

Our debate today thus depends on whether, in 1868, foreign citizens or subjects — whether here legally or illegally — were considered “subject to the jurisdiction” of the United States.

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They weren’t.

In the post-Civil War Republican-dominated Congress, the 14th Amendment was intended to constitutionalize the Civil Rights Act of 1866. Rep. James Wilson (R-Iowa), who was then House Judiciary Committee chairman and a leading drafter of the 14th Amendment, emphasized that the amendment was “establishing no new right, declaring no new principle.” Similarly, Sen. Jacob Howard (R-Mich.), the principal author of the Citizenship Clause, described it as “simply declaratory of what I regard as the law of the land already.”

The relevant part of the Civil Rights Act of 1866 reads: “All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States.” In other words, “subject to the jurisdiction thereof” necessarily excludes those “subject to any foreign power.” As then-Senate Judiciary Committee Chairman Lyman Trumbull (R-Ill.) said during the ratification debate, “subject to the jurisdiction” means subject to the United States’ “complete” jurisdiction — that is, “not owing allegiance to anybody else.”

And so the 14th Amendment, properly understood, does not constitutionally require that a child born in the U.S. to noncitizens be granted citizenship. (Whether Congress passes additional rights-bestowing laws is a separate matter.)

This understanding was unchallenged for decades. In the “slaughterhouse cases” of 1873, Justice Samuel Miller interpreted the Citizenship Clause as “intended to exclude from its operation children of … citizens or subjects of foreign States born within the United States.” And in the 1884 case of Elk vs. Wilkins, Justice Horace Gray held that “subject to the jurisdiction” means “not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance.”

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It’s true that Gray inexplicably reversed course in an oft-cited 1898 case, United States vs. Wong Kim Ark. Over a powerful and compelling dissenting opinion, Gray held that there is some level of birthright citizenship for U.S.-born children of lawfully present noncitizens. But even in that wrongfully decided case, the court emphasized that its holding was limited to children of “resident aliens” who were under “the allegiance” of the United States. The court repeatedly emphasized that its holding applied only to children of those legitimately “domiciled” here.

In no world whatsoever does Gray’s pro-birthright citizenship opinion in Wong Kim Ark apply to children of people in the U.S. illegally. Eighty-four years later, in Plyler vs. Doe, the court dropped in a superfluous footnote indicating that Wong Kim Ark also applies to the children of people in the U.S. illegally. But this nonbinding footnote from Justice William J. Brennan Jr., a leading liberal, does not the “law of the land” make.

Extending birthright citizenship that far is, at best, a live and unsettled legal debate. But the original meaning of the 14th Amendment is quite clear. Its authors would have been aghast at the notion that people who broke our laws could then be afforded birthright citizenship for their children. The drafters likely foresaw, as so many today do not, the tremendous perverse incentives induced by such an ill-conceived policy.

The legal eagles so eager to call out President Trump are wrong. And he, yet again, is right.

Josh Hammer is a senior editor-at-large for Newsweek. This article was produced in collaboration with Creators Syndicate. @josh_hammer

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Rubio sanctions Cuban groups with ties to US nonprofit network funded by communist donor Neville Roy Singham

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Rubio sanctions Cuban groups with ties to US nonprofit network funded by communist donor Neville Roy Singham

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Secretary of State Marco Rubio put U.S. organizations on notice: they can no longer do business with a key Cuban organization that has spent over six decades – since the launch of Fidel Castro’s communist revolution in 1959 – cultivating relationships with U.S. activists and groups, many of them now funded by communist American tycoon Neville Roy Singham.

The sanctions target the Cuban Institute of Friendship with the Peoples, known by its Spanish acronym ICAP, an organization founded by Castro in 1960 to spread Marxist ideology and support for Cuba. Long ago, U.S. officials and intelligence assessments concluded ICAP is a key component of Cuba’s intelligence apparatus.

“For decades, Cuba has been the world capital for radical left-wing terrorism,” Rubio said. “The regime in Havana has recruited, trained and backed violent Marxist and third-worldist movements across our hemisphere and beyond.”

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Marco Rubio moves to put sanctions on a group that Fidel Castro established in 1960 to spread Cuba’s communist influence in the world. (Sven Creutzmann/Mambo Photography/Getty Images; Nathan Posner/Anadolu via Getty Images)

Earlier this year, ICAP worked with U.S. nonprofits, including the People’s Forum, Progressive International and CodePink, to organize a March “convoy” that included controversial Marxist streamer Hasan Piker landing in Cuba to support Cuba’s communist party.

The trip has since attracted federal scrutiny, with CodePink co-founder Medea Benjamin confirming she received questions from federal officials about the trip, investigating whether she violated sanctions.

Late last month, Fox News Digital published a three-part series, reporting that federal investigators are examining Cuba’s alleged malign foreign influence operation in the U.S., investigating a network of 145 groups with collective revenues of about $1 billion, promoting Cuba’s agenda and communist ideology.

“Today, we are targeting the network that enables and funds Cuba’s subversive and radical operations,” Rubio said.

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The groups working closely with ICAP include the People’s Forum, CodePink, BreakThrough News and Tricontinental, funded by Singham, a Marxist tech tycoon living in Shanghai. As reported, Singham has pumped $285 million into nonprofits since 2017 that have built very close relationships with ICAP and the communist government of Cuba.

Singham is married to CodePink co-founder Jodie Evans.

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ICAP is today led by Fernando González Llort, one of five former Cuban intelligence officers, known as the “Cuban Five,” convicted in the U.S. years ago on espionage-related charges and released after spending time in jail. 

Critics say ICAP acts as a gateway for revolutionaries from around the world to get embedded in the propaganda, organizing tactics and strategic goals of the Communist Party of Cuba. ICAP has denied wrongdoing and says it’s a civil society organization.

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ICAP was one of five entities that Rubio designated as off-limits under sanctions authorities established by President Donald Trump’s Cuba executive order. The sanctions also target Cuba’s Ministry of the Revolutionary Armed Forces (MINFAR), the Committees for the Defense of the Revolution (CDR), Minera La Victoria S.A. and the state-run tourism company Amistur Cuba S.A., which has arranged trips to Cuba with U.S. nonprofits in the Singham network.

Experts said the move signals that the Trump administration is focused not only on the Cuban government but also on U.S. institutions that U.S. officials believe help project Cuban influence internationally.

A declassified CIA report from the Cold War era, “Cuba: Castro’s Propaganda Apparatus and Foreign Policy,” described Cuba’s international propaganda and influence activities as a central component of Castro’s foreign policy strategy. The report named ICAP among organizations that act as important instruments for cultivating sympathetic political movements abroad and extending Cuban influence beyond the island.

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One of the most notable examples was the Venceremos Brigade, a Cuba solidarity program established in 1969 that brought generations of American activists to the island through exchanges organized with Cuban authorities and institutions including ICAP.

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The program became one of the most visible pipelines connecting American activists to the Cuban revolutionary government.

Today, the Venceremos Brigade operates as a fiscally-sponsored project of the People’s Forum.

Lawmakers and federal authorities are examining whether organizations funded by Singham have acted on behalf of foreign interests without properly registering and have helped amplify messaging favorable to the Chinese Communist Party and the Communist Party of Cuba.

Cuba’s President Miguel Diaz-Canel (C) listens to Progressive International’s general coordinator, David Adler, during an event at the Cuban Institute for Friendship with the Peoples (ICAP) in Havana, on March 21, 2026. (Ernesto Mastrascusa/AFP via Getty Images)

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During the recent convoy in March, Progressive International co-founder David Adler appeared alongside Cuban President Miguel Díaz-Canel and ICAP President González at an official event hosted by ICAP.

Years ago, Los Angeles Mayor Karen Bass participated in Venceremos Brigade trips, a connection that her mayoral candidate Spencer Pratt resurfaced during her campaign. Bass has denied any wrongdoing.

Supporters of such exchanges describe them as educational and humanitarian programs intended to foster international understanding. Critics argue they function as political influence operations designed to build support for the Cuban regime and its ideological objectives.

The Cuban government condemned Rubio’s sanctions shortly after the announcement.

President Miguel Díaz-Canel accused the United States of escalating economic pressure against Cuba and attempting to intensify tensions between the two countries.

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Hasan Piker, a Democratic Socialists of America member, and CodePink co-founder Jodie Evans meet in Havana, Cuba, as part of a “United Front” supporting the communist regime. (CodePink via Storyful)

“The Treasury Department has added new names of Cuban leaders, organizations and companies to an illegitimate sanctions list,” Díaz-Canel wrote on social media. “They are aimed at reinforcing the blockade measures and the scenario of conflict between Cuba and the United States.”

Rubio’s warning extended beyond the sanctioned entities.

The action signals that the administration is increasingly focused on the networks, partnerships and influence channels that U.S. officials believe have helped advance Cuban interests abroad long after the Cold War officially ended.

“Anyone providing services to these sanctioned actors is at risk of sanctions themselves,” he said. “Foreign banks and other companies that provide services to these entities should freeze those activities.”

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Fox News Digital’s Reagan Schroeder contributed to this report.

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Commentary: No, Mr. Hilton, our elections are not ‘a joke.’ It’s time for you to stand up to Trump

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Commentary: No, Mr. Hilton, our elections are not ‘a joke.’ It’s time for you to stand up to Trump

Well, that didn’t take long.

A day after California’s primary election, President Trump took to social media with baseless claims of election fraud — predictable, but also dangerous.

“Look what’s happening in California, the Dumocrats, right before our very eyes, are stealing the Vote,” Trump wrote in one post.

“There’s BIG cheating by the Dumocrats in California,” he wrote in another, apparently enamored of his latest juvenile slur.

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Never mind that his candidate, Steve Hilton, is in the lead — for now anyway.

California has once again become the main dish on Trump’s buffet of bull-hockey as he continues to undermine democracy and consolidate authoritarian power, using this disingenuous and patently untrue narrative that American elections are rigged by shadowy Democratic forces working in collusion with illegal immigrants.

That last part is called the Great Replacement Theory, the idea that “elites” are replacing white people — and white voters — with Black and brown immigrants in a bid to destroy white culture. It’s at the heart of Trump’s voter fraud allegations.

The twist this time is that Hilton, the man who wants to represent all Californians, seems to be jumping on the election fraud conspiracy train with the president. I get it, there’s the MAGA base to feed, and it’s a base that feasts on outrage and fakery. Serving up resentment glazed with lies and propaganda has been the MAGA playbook for years under Trump, a strategy that no one can deny has been heartbreakingly effective.

But Hilton is a smart man and must certainly know that voter fraud is rare, to the point of being inconsequential to election outcomes. Hilton by his own admission understands voting patterns, and that in this cycle, Republicans have voted early and often by mail, despite Trump’s claims that all vote-by-mail should be suspect. So Hilton understands that early votes have skewed his way, and that later vote tallies will likely favor Democrats.

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And Hilton is definitely intelligent enough to expect that in a state where Democrats outnumber Republicans nearly three to one, he will not keep the top spot in this primary, and a slim chance remains that he will not make it into the top two. That’s just simple math.

So if Hilton truly seeks to represent this state as its top elected executive, now is the time to renounce election fraud myths and stand up to Trump’s lies. If Hilton can’t say that he believes our recent election was free and fair, then he has no business being our governor.

Unfortunately, that doesn’t seem to be the path he’s taking, even as it seems increasingly likely that he will advance to the general election.

This week, speaking with far-right podcaster and former Turning Point USA creative director Benny Johnson (who was allegedly duped into working for a Russian influence operation), Hilton said that while “so far we’re not seeing any signs” of cheating, “we’re going to be all over it. We’re not going to let them do that.”

Hilton was responding to a question from Johnson on whether Hilton will sue over “cheating.”

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On a post-election appearance with Laura Ingraham, the conservative Fox News host who has repeatedly promoted the Great Replacement Theory, Hilton delved into more conspiracy.

“Just to really underline the point that you made about the corruption,” he told Ingraham an anecdote about supposed fraud in a previous election cycle when a “whistleblower” at the post office told him that they were instructed that a handwritten postmark was acceptable when sorting ballots to deliver to the county registrar.

“It’s just unbelievable, and of course, that’s why so many people don’t believe the results, but it just undermines confidence,” he told Ingraham, certainly knowing that the post office forwarding a ballot on to a county registrar in no way means it will be certified or counted. Would we really want the USPS deciding which ballots to deliver? Disingenuous on Hilton’s part at best.

“The whole thing is a joke,” Hilton went on to say of California elections, which of course, is absurd.

Thursday, when I asked Hilton’s team to speak with him about his views on voter fraud, they sent back a response that focused on the slowness of the California vote count; voter rolls Hilton has described as “wildly inaccurate,” which is a wildly inaccurate claim; and two instances of actual fraud with voter registration — not examples of votes that were counted.

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To be sure, all those items are important. Any malfeasance should be punished, and the system should always strive to improve.

But how hard is it to simply be against fraud, while accurately acknowledging that it is rare and our current system provides accurate results?

I am against voter registration fraud. I am against vote fraud. I am absolutely pro-democracy, including policies such as mail-in voting that increase participation.

I do not believe that there is widespread fraud in the California primary, or in American elections in general, because the evidence does not support that conspiracy. I do not believe that Democrats are running a decades-long, nationwide conspiracy to replace white voters with votes from Black and brown undocumented immigrants, because that is both false and racist.

Pretty basic stuff, and statements in line with the values and common sense of the majority of Californians Hilton says he will represent.

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If Hilton can’t come out and clearly say that Trump is wrong — about fraud and about the Great Replacement Theory — can he really be trusted to represent the values of the Golden State?

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Video: Jan. 6 Rioter Hired by Pentagon

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Video: Jan. 6 Rioter Hired by Pentagon

new video loaded: Jan. 6 Rioter Hired by Pentagon

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Jan. 6 Rioter Hired by Pentagon

Elias Irizarry, who pleaded guilty to climbing through a broken window at the Capitol on Jan. 6, 2021, now works for an office responsible for uncovering and defending against terrorism plots at the Pentagon.

“Full pardon or commutation?” “Full pardon.”

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Elias Irizarry, who pleaded guilty to climbing through a broken window at the Capitol on Jan. 6, 2021, now works for an office responsible for uncovering and defending against terrorism plots at the Pentagon.

By Alisa Shodiyev Kaff

June 4, 2026

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