Politics
Trump said he would revoke birthright citizenship. It hasn't worked in the past
WASHINGTON — President-elect Donald Trump has promised to end the right to citizenship for babies born in the U.S. to undocumented parents shortly after he takes office next month.
In an interview earlier this month with NBC’s “Meet the Press,” Trump said he would attempt to do so through executive action.
“Yes, we’re going to end that, because it’s ridiculous,” Trump said.
But getting rid of birthright citizenship, a principle that can be traced in the U.S. to the end of slavery and the 14th Amendment of 1868, is highly unlikely. Here’s why:
What is birthright citizenship?
There are two types of citizenship recognized by the U.S. government: one based on descent, and another based on birthplace.
The first type grants U.S. citizenship to children born abroad to at least one U.S. citizen parent. The other guarantees that right to anyone born on U.S. soil, except the children of foreign diplomats.
The 14th Amendment grants citizenship to anyone born in the U.S. It states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
Thirty years after its ratification, the Supreme Court ruled that birthright citizenship applied to those born in the U.S. to immigrant parents. It has been interpreted to apply regardless of a parent’s legal status.
The case centered on Wong Kim Ark, who was born in San Francisco in 1873 to Chinese parents who were lawful permanent residents. He left the U.S. temporarily at age 21 to visit his parents, who had by then moved back to China. But upon his return, he was denied entry under the Chinese Exclusion Act on the ground that he was not a citizen. The nation’s highest court ruled that the 14th Amendment made Wong a citizen.
How does the U.S. compare to the rest of the world?
During the NBC interview, Trump erroneously said the U.S. is “the only country that has it.” In fact, more than 30 countries recognize birthright citizenship, most of them in the Western Hemisphere. Most countries around the world recognize citizenship by descent.
Sam Erman, a law professor at the University of Michigan who studies citizenship, said that the U.S. modeling birthright citizenship is part of the reason more countries have it now.
“If you have it based on descent, then you can end up with people who spend their whole lives in your country and don’t get to be members — and their children, and their children’s children,” Erman said.
Birthright citizenship, he said, “works as a way to ensure that the people being governed in a place are actually part of the place.”
Could Trump end it?
In a post last year on his campaign website, Trump wrote that he would issue an executive order his first day as president, directing federal agencies to “require that at least one parent be a U.S. citizen or lawful permanent resident for their future children to become automatic U.S. citizens.”
He said the order would clarify that children of undocumented immigrants “should not be issued passports, Social Security numbers, or be eligible for certain taxpayer funded welfare benefits.”
On NBC, Trump said he would end birthright citizenship “if we can” through executive action.
Legal scholars broadly agree it is not within the president’s executive power to end birthright citizenship, leaving the courts or a constitutional amendment as the only ways to achieve a change.
Amending the Constitution is a rigorous process with a high bar that would require the approval of two-thirds of both chambers of Congress and ratification by three-fourths of each state legislature or state convention.
Targeting “anchor babies” and “birth tourism,” Trump planned to sign an executive order that would end birthright citizenship for the children of immigrants during his first term. But he skirted the issue by instead issuing a rule to deny pregnant women visas if they appeared to be coming to the U.S. primarily to give birth.
Republicans have also introduced bills in Congress to end birthright citizenship, though none have passed. In September, Sen. Lindsey Graham (R-S.C.) introduced the Birthright Citizenship Act of 2024, which would end birthright citizenship for the children of undocumented immigrants and tourists.
After Trump’s recent comments, Graham said he is also working on a constitutional amendment to end the practice, which he has vocally opposed for decades.
“One of the most valuable commodities in the world is American citizenship,” Graham said during a news conference introducing his bill. “I can understand why almost everybody in the world would want to come to America and be a citizen. But we’ve got to have an orderly process when it comes to granting American citizenship. We have to have a process that is not exploited.”
Graham has said the Supreme Court probably would take up the case, noting that there has never been a ruling by the high court involving cases of birthright citizenship in which the parents are undocumented or are on temporary visas.
But Erman, the Michigan law professor, said it’s unlikely that even the conservative-leaning court would move to end birthright citizenship.
“Wong Kim Ark was decided by a court that was quite anti-minority and quite conservative, and even there the text and the history is just really clear,” he said. “If Wong Kim Ark could win in 1898, it feels like the precedent should be able to hold in 2024.”
What opposition would Trump face?
Any move to end birthright citizenship is sure to face legal challenges.
“Citizenship is both a bundle of rights and a form of belonging. Saying these people who are citizens are not really Americans I think does a lot of damage,” Erman said.
Migration experts have warned that repealing birthright citizenship would cause the number of people in the U.S. illegally to skyrocket. Democratic lawmakers have voiced their opposition after Trump’s recent comments.
“That concept of birthright citizenship is sort of like the backbone of America. It is very much a part of the history of our nation and it should continue as such,” Rep. Adriano Espaillat (D-N.Y.) said on CNN.
Even some Republicans have disagreed with Trump. Then-House Speaker Paul Ryan broke with Trump in 2018 when he said the president could not end birthright citizenship by executive order.
“As a conservative, I’m a believer in following the plain text of the Constitution, and I think in this case the 14th Amendment is pretty clear, and that would involve a very, very lengthy constitutional process,” he said. “But where we obviously totally agree with the president is getting at the root issue here, which is unchecked illegal immigration.”
Robert F. Kennedy Jr., President-elect Donald J. Trump’s choice for health secretary, is set on Monday to begin a series of meetings with Republican lawmakers on Capitol Hill to make his case for a spot in Mr. Trump’s cabinet.
Mr. Kennedy will almost certainly be questioned about his longtime anti-vaccine advocacy. He has said that he does not want to take away access to vaccines, but has repeatedly questioned their safety, trying to link them to a rise in autism in children — a debunked theory.
On Friday, The New York Times also reported that a lawyer helping Mr. Kennedy vet appointees for the incoming Trump administration had petitioned the government to revoke its approval of the polio vaccine.
Senator Mitch McConnell, the Republican leader and a survivor of polio, could be a key vote in Mr. Kennedy’s confirmation bid. In a statement Friday that did not name Mr. Kennedy, Mr. McConnell suggested that the petition could jeopardize his confirmation.
“Anyone seeking the Senate’s consent to serve in the incoming administration would do well to steer clear of even the appearance of association with such efforts,” Mr. McConnell said.
Once nominated by a president, candidates for top-level positions in an administration must be confirmed by the Senate. Republicans will control the chamber, but their 53-47 majority means they can lose only a few votes and still confirm Mr. Trump’s picks.
Mr. Kennedy is set to meet with Senator Lisa Murkowski of Alaska, a more moderate Republican, and some physicians in the party’s conference, including Senator Roger Marshall of Kansas.
Mr. Kennedy, who ran for president as a Democrat and independent before dropping out of the race and endorsing Mr. Trump, will probably also be asked about views on abortion access.
Former Vice President Mike Pence has called on Republican senators to reject Mr. Kennedy, citing his record of support for abortion rights.
“On behalf of tens of millions of pro-life Americans, I respectfully urge Senate Republicans to reject this nomination and give the American people a leader who will respect the sanctity of life as secretary of Health and Human Services,” Mr. Pence said in a statement.
House GOP allies of President-elect Donald Trump are pushing for him to have greater control over Congress’ annual government spending process next year.
Rep. Andrew Clyde, R-Ga., is introducing a bill on Monday that would repeal a measure that forces the president to direct the federal government to spend the full amount of money allocated by Congress every year.
Clyde told Fox News Digital on Thursday that he also plans to introduce the bill in the next Congress, when Republicans control the House, Senate and White House – and that the issue is already being discussed in Trump’s circle.
“That was certainly a topic that was brought up” with Vivek Ramaswamy and Elon Musk when they were on Capitol Hill earlier this month to discuss the Department of Government Efficiency, Clyde said.
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Some Republicans want to give President-elect Donald Trump more say over the Congressional appropriations process. (Chris Unger/Zuffa LLC)
“They’re in favor of it, because how can you be efficient and not have the ability to reduce spending? You simply can’t.”
He also told a small group of reporters earlier this month that incoming Trump Office Of Management and Budget Director Russell Vought “is very much in favor of this.”
The Impoundment Control Act of 1974 was passed during the Nixon administration and aimed at stopping the president from having unilateral say over government spending.
Currently, a president must get congressional approval to rescind any funding that has been allocated for a certain year. The funds in question can be held for up to 45 days while the request gets processed.
“I think the authority is very, very important for the president to exercise,” Clyde said. “Ever since Congress introduced that act, you’ve seen spending literally spiraling upwards. And that’s just not good for our country.”
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Rep. Andrew Clyde, R-Ga., is leading the charge to repeal the Impoundment Control Act. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
Clyde’s bill would roll back the Impoundment Control Act. A corresponding bill is being introduced in the Senate by Sen. Mike Lee, R-Utah.
Clyde said over a dozen House Republicans are backing his bill as well.
Musk and Ramaswamy advocated for Trump to have greater authority to rescind funding in an op-ed published by the Wall Street Journal last month, after the president-elect tapped them to lead an advisory panel on cutting government waste.
The Georgia Republican acknowledged that the bill has long odds in the current Democrat-controlled Senate and with just one week left in the congressional term, but said he would “definitely” introduce it in the next Congress.
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Rep. Brendan Boyle, D-Pa., the top Democrat on the House Budget Committee, is against the idea. (Getty Images)
He described Monday’s introduction as “putting a flag in the ground, saying ‘Hey, this is an authority that the president should be able to use in an unhindered fashion, and we are going to help.’”
However, the issue is likely to fall along partisan lines. Rep. Brendan Boyle, D-Pa., the top Democrat on the House Budget Committee, responded to Musk and Ramaswamy’s op-ed by calling their ideas “as idiotic as they are dangerous.”
“Unilaterally slashing funds that have been lawfully appropriated by the people’s elected representatives in Congress would be a devastating power grab that undermines our economy and puts families and communities at risk,” Boyle said in a statement.
Politics
Who is Alina Habba? Trump's fierce legal defender picked to serve as counselor to the president
New Jersey-based attorney Alina Habba hit the nation’s radar back in 2021, becoming President-elect Trump’s fierce legal defender and then spokeswoman as he battled an onslaught of legal cases and criminal charges ahead of his decisive win against Vice President Kamala Harris last month.
Now, Habba is readying to take on a new role: counselor to the president under Trump’s second administration.
“Alina has been a tireless advocate for Justice, a fierce Defender of the Rule of Law, and an invaluable Advisor to my Campaign and Transition Team,” Trump wrote in a post on Truth Social last week, announcing her new role. “She has been unwavering in her loyalty, and unmatched in her resolve – standing with me through numerous ‘trials,’ battles, and countless days in court.”
Following the once and future president’s announcement, Fox News Digital took a look back at Habba’s legal career and meteoric rise in Trump’s orbit and, now, the White House.
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President-elect Trump hired attorney Alina Habba in 2021 as he battled a bevy of court cases.
Habba is the managing partner of Habba Madaio & Associates LLP, a law firm based in Bedminster, New Jersey, that also practices in New York, Pennsylvania and Connecticut. Habba, 40, is a New Jersey native, born to Chaldean Catholic Iraqi immigrant parents. She attended Lehigh University in Pennsylvania as an undergraduate before earning her J.D. from Widener University.
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“As a devout Catholic, a proud first generation Arab American woman, and a feisty Jersey girl who’s fed up with far-left corruption in Washington – President Trump championed my journey, empowering me to become who I am today. His unwavering support not only shaped my career but has inspired other young women with big dreams,” Habba declared in her RNC speech in July from Milwaukee.
Ahead of joining Trump’s legal team, Habba litigated cases related to negligent nursing homes during the COVID-19 pandemic. She also earned recognition on the Super Lawyers Rising Stars List between 2016-2022, as well as a spot on the “Top 100 Lawyers in America” list, and has supported a handful of charity efforts, including a charity that benefits pregnant homeless women, Birth Haven.
Former President Trump returns from a lunch break for his hush money trial at Manhattan Criminal Court on May 28, 2024, in New York City. (Julia Nikhinson-Pool/Getty Images)
Habba has seen a meteoric rise to national prominence in recent years, after Trump hired her in 2021 to help litigate a barrage of cases leveled at him ahead of the 2024 election, becoming his legal spokesperson and trusted adviser.
Habba hit the Trump legal scene when she spearheaded a lawsuit against the former and upcoming president’s niece, Mary Trump, and the New York Times for “tortiously breaching and/or interfering with his contractual rights and otherwise maliciously conspiring against him” to obtain and publish his tax records in 2018.
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Habba’s legal successes for Trump include former “Apprentice” contestant Summer Zervos dropping a defamation suit against Trump in 2021 and the dismissal of another case related to New York state-level charges over allegations Trump and the Trump Organization were involved in a fraudulent marketing company. She also notched a win earlier this year when the Supreme Court dismissed ex-lawyer Michael Cohen’s appeal to revive a lawsuit against Trump as he sought monetary damages over his 2020 imprisonment related to lying to Congress and his previous work for Trump.
”Michael Cohen has exhausted every avenue of his pathetic attempt to drag my client into court time and time again. As expected, the Supreme Court has correctly denied Michael Cohen’s petition and he must finally abandon his frivolous and desperate claims,”Habba told Fox News Digital in a statement in October.
Alina Habba has served as Trump’s legal adviser. (Getty Images)
Habba’s national name recognition grew as Trump battled the E. Jean Carroll cases.
Carroll, who previously worked as a columnist for Elle magazine, had filed two lawsuits against Trump since 2019, when she first accused him of raping her in an excerpt in her book “What Do We Need Men For? A Modest Proposal.” Trump vehemently denied the allegation, saying, “it never happened,” ultimately leading Carroll to sue Trump for defamation when he was still president. At the time, she was barred by the statute of limitations from suing him over the underlying rape allegation.
A jury would eventually find Trump had sexually abused Carroll and that, in denying it, defamed her, awarding her $5 million. But while that case was tied up in appeals, and with Trump continuing to deny ever even meeting Carroll, she filed another suit in 2022 alleging both defamation and rape. She was able to do this because earlier that year, New York had passed a law that allowed sex abuse plaintiffs to file a one-time civil case despite the expiration of the statute of limitations.
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Habba joined the Trump legal team for the second case, in which the former president was accused of rape and defamation for social media posts in which Trump denied the allegations and accused Carroll of promoting a “hoax and a lie.”
Trump was never criminally charged with sexual assault, and the initial jury found him liable for sexual abuse – though not rape. The jury specifically said Carroll hadn’t proven that Trump raped her.
The second case sought more than $10 million for damage to her reputation stemming from Trump’s comments in 2019, when he was still president. The jury ultimately awarded her $18.3 million in compensatory damages and $65 million in punitive damages.
“I have sat on trial after trial for months in this state, the state of New York, Attorney General Letitia James and now this. Weeks, weeks. Why? Because President Trump is leading in the polls and now we see what you get in New York,” Habba said earlier this year following the verdict.
“So don’t get it twisted,” she continued, calling the case evidence of the “violation of our justice system.” “I am so proud to stand with President Trump. But I am not proud to stand with what I saw in that courtroom.”
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Trump attorney Alina Habba was named Trump’s counselor to the president for his second administration. (Fox Digital )
Habba also battled New York Attorney General Letitia James’ civil fraud suit – one of Trump’s most high-profile cases that the AG has refused to dismiss after Trump’s electoral win.
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James announced an investigation into the Trump Organization, claiming there was evidence indicating that the president and his company had falsely valued assets to obtain loans, insurance coverage and tax deductions.
Both inside the courtroom, during press conferences and in media interviews, Habba defended Trump against James’ case.
Alina Habba speaks at a campaign rally for former President Trump at the PPL Center in Allentown, Pennsylvania, on Oct. 29, 2024. (Angela Weiss/AFP via Getty Images)
“Letitia James is putting her nose into private companies and private individuals’ work, which is not what is meant to happen and the law that she’s using is a consumer fraud law. So that she can establish some way to have control, to not have a jury to do certain things in this case that are nonsensical and shouldn’t be happening and we have been fighting it all along the way. The problem we have is the judge is the one that’s going make those decisions and he’s proven himself to be quite motivated by the other side,” Habba said on “Sunday Morning Futures” with host Maria Bartiromo last year.
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Trump and his legal team charged that James had conducted a “witch hunt” against him after she explicitly campaigned on a platform to prosecute the president. Trump and his family denied any wrongdoing, with the former president saying his assets had been undervalued.
Alina Habba arrives at court for opening statements in former President Trump’s trial at Manhattan Criminal Court on April 22, 2024, in New York City. (Brendan McDermid-Pool/Getty Images)
Manhattan Supreme Court Judge Arthur Engoron ruled in September of last year in the non-jury trial that Trump and his organization had deceived lenders by overvaluing his assets and exaggerating his net worth. Trump’s team called on James to drop the case following his election last month, which she rejected on Dec. 10.
Former President Trump speaks during a campaign event, Sept. 25, 2024, in Mint Hill, North Carolina. (AP Photo/Evan Vucci, File)
Following the announcement that Habba will serve as counselor to the president, conservatives and supporters of Trump have touted Habba’s fiery defense of him over the last few years.
“I have sat with President Trump for years now while he has been targeted with lies and with judges, AGs, and DAs who have specifically run in this city and others on getting Trump,” Habba said during a press conference in January following the Carroll verdict, rounding up the bevy of court cases Trump faced following his first administration.
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“The Trump administration will fix this problem. We will stop Kamala Harris’s regime – because she was there, let’s not forget that, and she still is – of using officials from the White House, putting them in DAs’ offices and AGs’ offices, and attacking your political opponent,” she continued.
Habba also delivered a powerful speech at the RNC in July – following Trump’s first assassination attempt – that has been revived this month for her emotional tone when she described her tight relationship with Trump.
“To my husband, whose family survived the Holocaust, [Trump] is a champion of the Jewish faith. To my Iraqi parents, he is a mentor to their daughter,” she said from the RNC.
“But to me, he is my friend.”
Former President Trump and Alina Habba during a trial at New York State Supreme Court in New York, on Oct. 17, 2023. (Doug Mills/The New York Times/Bloomberg via Getty Images)
In Trump’s first administration, the counselor to the president role was filled by Fox News contributor Kellyanne Conway. The role entails advising the president on all legal matters related to the office of the president and the White House.
Habba joined Fox News’ Martha MacCallum last week, where she previewed that her new role will focus on “all things that we need to do to fix this country.”
“First and foremost, anybody asked to serve this country in such an honorable role or any role, frankly, it’s a responsibility that I take very seriously, but an honor. I told the president, I am there to do whatever it is you need me to do, and that’s the truth. But I will say what a great privilege I will be there to advise. I will be there to help with policies that are important. I know that for me, obviously lawfare and all of the things that Pam Bondi is going to focus on are top of mind because of what we’ve lived for the last three and a half years. But I will tell you I’m ready to get to work, and that’s on all things that we need to do to fix this country,” Habba said.
Fox News Digital’s Anders Hagstrom, Brooke Singman and Greg Wehner contributed to this report.
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Who is Alina Habba? Trump's fierce legal defender picked to serve as counselor to the president
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