Politics
Trump order ending birthright citizenship for illegal immigrants is constitutional, expert says
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.
TRUMP ADMIN HITS BACK AS ACLU LAUNCHES LAWSUIT ON BIRTHRIGHT CITIZENSHIP: ‘READY TO FACE THEM’
Migrants in Brooklyn; President Trump (Getty Images)
Twenty-two Democrat-led states and the ACLU are suing to stop the order, arguing that it violates the 14th Amendment, which states, “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 lawsuit argues that “the President has no authority to rewrite or nullify a constitutional amendment or duly enacted statute. Nor is he empowered by any other source of law to limit who receives United States citizenship at birth.”
However, Spakovsky, who is a senior legal fellow at the Heritage Foundation and an authority on civil rights and immigration, told Fox News Digital that the 14th Amendment was never meant to include the children of individuals in the country illegally or temporarily and that this broad interpretation has led to widespread “birth tourism” and abuse.
He said the key phrase often overlooked today is “subject to the jurisdiction thereof,” which necessitates the immigrants’ loyalties be to the U.S., not to some foreign power.
TRUMP’S HOUSE GOP ALLIES PUSH BIRTHRIGHT CITIZENSHIP BILL AFTER PROGRESSIVE FURY AT PRESIDENTIAL ORDER
A man plays with a child while waiting with other migrants from Venezuela near a bus station after being released from U.S. Border Patrol custody in El Paso, Texas, Sept. 13, 2022. (REUTERS/Jose Luis Gonzalez)
“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,” he said. “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.”
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“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.,” he said.
According to Spakovsky, the 14th Amendment, which was ratified after the Civil War to acknowledge citizenship for former slaves and their descendants, was not used to confer birthright citizenship to illegal aliens until more than 100 years after it was adopted by Congress.
PRESIDENT TRUMP’S BIRTHRIGHT CITIZENSHIP EXECUTIVE ORDER FACES LEGAL CHALLENGES FROM 22 STATES
President Donald Trump participates in a ceremony commemorating the 200th mile of border wall at the international border with Mexico in San Luis, Ariz., on June 23, 2020. (SAUL LOEB/AFP via Getty Images)
As Democrats and left-wing groups prepare to launch a legal war with the Trump administration over the order, Spakovsky said he is confident the Supreme Court will rule in Trump’s favor.
“The problem with birthright citizenship is it gives rights as an American citizen to individuals who have absolutely no loyalty to and no connection to the U.S. government, our culture, our society,” he said. “The Supreme Court should uphold it because the original meaning of the 14th Amendment is clearly not recognizing birthright citizenship.”
SAN FRANCISCO — With the California governor’s race quickly approaching, six candidates will face off Wednesday evening in the first debate since former Rep. Eric Swalwell dropped out of the race in the aftermath of sexual assault and misconduct allegations.
The debate takes place at a critical moment in the turbulent contest to replace termed-out Gov. Gavin Newsom. Ballots will start landing in Californians’ mailboxes in less than two weeks, and voters are split by a crowded field of eight prominent candidates. The debate also takes place after former state Controller Betty Yee ended her campaign because of a lack of resources and support in the polls.
Two Republicans — Riverside County Sheriff Chad Bianco and conservative commentator Steve Hilton — and four Democrats — billionaire Tom Steyer, former Biden administration Secretary Xavier Becerra, former Orange County Rep. Katie Porter and San Jose Mayor Matt Mahan — will take the stage at Nexstar’s KRON4 studios in San Francisco. Former Los Angeles Mayor Antonio Villaraigosa and state Supt. of Public Instruction Tony Thurmond, both Democrats, were not invited to participate because of their low polling numbers.
As the candidates strive to distinguish themselves in a crowded field, the debate could include fiery exchanges about the role of money in politics and potential heightened attacks on Becerra, who has surged in the polls since Swalwell dropped out. With the debate taking place on Earth Day, environmental issues are also likely to be raised.
The Wednesday night gathering is the first televised debate in the gubernatorial contest since early February. Last month, USC canceled a debate hours before it was set to begin over mounting criticism that its criteria excluded all major candidates of color.
The 7 p.m. debate is hosted by Nexstar and will be moderated by KTXL FOX40 anchor Nikki Laurenzo and KTLA anchor Frank Buckley. It can be viewed on KRON4 (San Francisco), KTLA5 (Los Angeles), KSWB/KUSI (San Diego), KTXL (Sacramento), KGET (Bakersfield) and KSEE (Fresno). NewsNation will also air the debate.
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April 22, 2026
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Sparks flew on Capitol Hill as Sen. Elizabeth Warren, D-Mass., accused Federal Reserve nominee Kevin Warsh of being a potential “sock puppet” for President Donald Trump.
Warsh, tapped by Trump in January to lead the Federal Reserve, faced a two-and-a-half-hour confirmation hearing before the Senate Banking, Housing, and Urban Affairs Committee.
If confirmed, he would take the helm of the world’s most powerful central bank, shaping interest rates, borrowing costs and the financial outlook for millions of American households for the next four years.
WHO IS KEVIN WARSH, TRUMP’S PICK TO SUCCEED JEROME POWELL AS FED CHAIR?
Kevin Warsh, nominee for chairman of the Federal Reserve, listens to ranking member Sen. Elizabeth Warren, D-Mass., make an opening statement during his Senate Banking, Housing and Urban Affairs Committee confirmation hearing on Tuesday, April 21, 2026. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
In her opening remarks, Warren sharply criticized Warsh’s record and questioned his independence, arguing he is “uniquely ill-suited for the job as Fed chair” and warning he could give Trump influence over the central bank.
She accused Warsh of enabling Wall Street during the 2008 financial crisis, which fell during his tenure as a Federal Reserve governor when he served from 2006 to 2011.
“In our meeting last week, we discussed the 2008 financial crash, where 8 million people lost their jobs, 10 million people lost their homes and millions more lost their life savings,” Warren said. “Giant banks, however, got hundreds of billions of dollars in bailouts… and he said to me that he has no regrets about anything he did.”
She added that Warsh “worked tirelessly to arrange multibillion-dollar bailouts” for Wall Street CEOs, with nothing for American families.
The hearing grew more tense as Warren pivoted to ethics concerns, pressing Warsh over his undisclosed financial holdings and questioning him over links to business dealings connected to the late convicted sex offender Jeffrey Epstein.
The two spoke over each other and raised their voices in a heated exchange on Capitol Hill.
WARSH’S $226 MILLION FORTUNE UNDER SCRUTINY AS FED NOMINEE FACES SENATE CONFIRMATION
Sen. Elizabeth Warren: The Fed has been plagued by deeply disturbing ethics scandals in recent years. It’s critical that the next chair have no financial conflicts — none. You have more than $100 million in investments that you have refused to disclose. So let me ask: do the Juggernaut Fund or THSDFS LLC invest in companies affiliated with President Trump or his family, companies tied to money laundering, Chinese-controlled firms, or financing vehicles linked to Jeffrey Epstein?
Kevin Warsh: Senator, I’ve worked closely with the Office of Government Ethics and agreed to divest all of my financial assets.
Warren: Could you answer my question, please? You have more than $100 million in undisclosed assets. Are any of those investments tied to the entities I just mentioned? It’s a yes-or-no question.
Warsh: I have worked tirelessly with ethics officials and agreed to sell all of my assets before taking the oath of office.
Warren: Are you refusing to tell us if you have investments in vehicles linked to Jeffrey Epstein? You just won’t say?
Warsh: What I’m telling you is those assets will be sold if I’m confirmed.
Warren: Will you disclose how you plan to divest these assets? The public might question your motives if, for example, someone who profits from predicting Fed policy cuts you a $100 million check as you take office.
Sen. Elizabeth Warren questions Kevin Warsh during his Senate Banking, Housing and Urban Affairs Committee confirmation hearing on Tuesday, April 21, 2026. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
Warsh: I’ve reached a full agreement with the Office of Government Ethics and will divest those assets before taking the oath.
Warren: I’m asking a very straightforward question. Will you disclose how you divest those assets?
Warsh: As I’ve said, I’ve worked with ethics officials.
Warren: I’ll take that as a no.
In a separate exchange, Warren invoked Trump’s past statements about the Fed and challenged Warsh to prove his independence in real time.
She insisted that Warsh answer whether he believes Trump won the 2020 presidential election and if he would name policies of the president with which he disagrees. The hopeful future Fed chair dodged the question and said he would remain apolitical, if confirmed.
THE ONE LINE IN WARSH’S TESTIMONY SIGNALING A BREAK FROM THE FED’S STATUS QUO
Warren: Donald Trump has made clear he does not want an independent Fed. He has said, “Anybody that disagrees with me will never be Fed chairman.” He’s also said interest rates will drop “when Kevin gets in.” Let’s check out your independence and your courage. We’ll start easy. Mr. Warsh, did Donald Trump lose the 2020 election?
Warsh: Senator, we should keep politics out of the Federal Reserve.
Warren: I’m asking a factual question.
Warsh: This body certified the election.
Warren: That’s not what I asked. Did Donald Trump lose in 2020?
Warsh: The Fed should stay out of politics.
Warren: In our meeting, you said you’re a “tough guy” who can stand up to President Trump. So name one aspect of his economic agenda you disagree with.
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Kevin Warsh listens to a question during a Senate Banking, Housing, and Urban Affairs Committee confirmation hearing on Tuesday, April 21, 2026. (Graeme Sloan/Bloomberg via Getty Images)
Warsh: That’s not something I’m prepared to do. The Fed should stay in its lane.
Warren: Just one place where you disagree.
Warsh: I do have one disagreement — he said I looked like I was out of central casting. I think I’d look older and grayer.
Warren: That’s adorable. But we need a Fed chair who is independent. If you can’t answer these questions, you don’t have the courage or the independence.
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