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Trump said he would revoke birthright citizenship. It hasn't worked in the past

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Trump said he would revoke birthright citizenship. It hasn't worked in the past

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.

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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.

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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.”

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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.

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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.”

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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.

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“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.”

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Video: Virginia Voters Approve New Map Favoring Democrats

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Video: Virginia Voters Approve New Map Favoring Democrats

new video loaded: Virginia Voters Approve New Map Favoring Democrats

Virginia voters approved a new map that could flip four House seats away from Republicans going into the 2026 midterm elections. It was the latest fight in the national redistricting war.

By Shawn Paik

April 22, 2026

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WATCH: Sen Warren unloads on Trump’s Fed nominee Kevin Warsh in explosive hearing showdown

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WATCH: Sen Warren unloads on Trump’s Fed nominee Kevin Warsh in explosive hearing showdown

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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?

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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.

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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.

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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.

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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.

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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.

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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.

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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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Commentary: He honked to support a ‘No Kings’ rally. A cop busted him

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Commentary: He honked to support a ‘No Kings’ rally. A cop busted him

On March 28, a sunny Saturday in southwestern Utah, Jack Hoopes and his wife, Lorna, brought their homemade signs to the local “No Kings” rally.

The couple joined a crowd of 1,500 or so marching through the main picnic area of a park in downtown St. George. Their signs — cut-out words on a black background — chided lawmakers for failing to stand up to President Trump and urged America to “make lying wrong again.”

After about an hour, the two were ready to go home. They got in their silver Volvo SUV, but before pulling away, Jack Hoopes decided to swing past the demonstration, which was still going strong. He tooted his horn, twice, in a show of solidarity.

That’s when things took a curious turn.

A police officer parked in the middle of the street warned Hoopes not to honk; at least that’s what he thinks the officer said as Hoopes drove past the chanting crowd. When he spotted two familiar faces, Hoopes hit the horn a third time — a friendly, howdy sort of honk. “It wasn’t like I was being obnoxious,” he said, “or laying on the horn.”

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Hoopes turned a corner and the cop, lights flashing, pulled him over. He asked Hoopes for his license and registration. He returned a few moments later. A passing car sounded its horn. “Are you going to stop him, too?” Hoopes asked.

That did not sit well. The officer said he’d planned to let Hoopes off with a warning. Instead, he charged the 71-year-old retired potato farmer with violating Utah’s law on horns and warning devices. He issued a citation, with a fine punishable up to $50.

Hoopes — a law school graduate and prosecutor in the days before he took up potato farming — is fighting back, even though he estimates the legal skirmishing could cost him considerably more than the maximum fine. The ticket might have resulted from pique on the officer’s part. But Hoopes doesn’t think so. He sees politics at play.

“I’ve beeped my horn for [the pro-law enforcement] Back the Blue. I’ve beeped my horn for Black Lives Matter,” Hoopes said. “I’ve seen a lot of people honk for Trump and for MAGA.”

He’s also seen plenty of times when people honked their horns to celebrate high school championships and the like.

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But Hoopes has never heard of anyone being pulled over, much less ticketed, for excessive or unlawful honking. “I think it’s freedom of expression,” he said.

Or should be.

Jack and Lorna Hoopes made their own protest signs to bring to the “No Kings” rally in St. George, Utah.

(Mikayla Whitmore / For The Times)

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St. George is a fast-growing community of about 100,000 residents set amid the jagged red-rock peaks of the Mojave Desert. It’s a jumping-off point for Zion National Park, about 40 miles east, and a mecca for golf, hiking and mountain-bike riding.

It’s also Trump Country.

Washington County, where St. George is located, gave Trump 75% of its vote in 2024, with Kamala Harris winning a scant 23%. That emphatic showing compares with Trump’s 59% performance statewide.

St. George is where Hoopes and his wife live most of the time. When summer and its 100-degree temperatures hit, they retreat to southeast Idaho. The couple get along well with their neighbors in both places, Hoopes said, even though they’re Democrats living in ruby-red country. It’s not as though they just tolerate folks, or hold their noses to get by.

“Most of my friends are conservative,” Hoopes said. “Some of the Trump people are very good people. We just have a difference of opinion where our country is going.”

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He was speaking from a hotel parking lot in Arizona near Lake Havasu while embarked on an annual motorcycle ride through the Southwest: four days, a dozen riders, 1,200 miles. Most of his companions are Trump supporters, Hoopes said, and, just like back home, everyone gets on fine.

“Right?” he called out.

“No!” a voice hollered back.

Actually, Hoopes joked, his charitable road mates let him ride along because they consider him handicapped — his disability being his political ideology.

Hoopes is not exactly a hellion. In 2014, he and his wife traveled to Africa to participate in humanitarian work and promote sustainable agriculture in Kenya and Uganda. In 2020, they worked as Red Cross volunteers helping wildfire victims in Northern California.

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Virtually his entire life has been spent on the right side of the law, though Hoopes allowed as how he has racked up a few speeding tickets over the years. (His career as a prosecutor lasted four years and involved three murder cases in the first 12 months before he left the legal profession behind and took up farming.)

He’s never had any problems with the police in St. George. “They seem to be decent,” Hoopes said.

A department spokesperson, Tiffany Mitchell, said illicit honking is not a widespread problem in the placid, retiree-heavy community, but there are some who have been cited for violations. She denied any political motivation in Hoopes’ case.

“He must’ve felt justified,” Mitchell said of the officer who issued the citation. “I can’t imagine that politics had anything to do with it.”

And yes, she said, honking a horn can be a political statement protected by the 1st Amendment. “But, just like anything else, it can turn criminal,” Mitchell said, and apparently that’s how the officer felt on March 28 “and that’s the direction he took it.”

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The matter now rests before a judge, residing in a legal system that has lately been tested and twisted in remarkable ways.

A pair of hands resting on a traffic citation given for alleged excessive honking

Jack Hoopes’ case is now before a judge in St. George, Utah.

(Mikayla Whitmore / For The Times)

As he left an initial hearing earlier this month, Hoopes said his phone pinged with a fresh headline out of Washington. Trump’s Justice Department, it was reported, was asking a federal appeals court to throw out the convictions of 12 people found guilty of seditious conspiracy for their roles in the Jan. 6, 2021, insurrection.

“We have a president that pardons people that broke into the Capitol and defecated” in the hallways and congressional offices, Hoopes said. “Police officers died because of it, and yet I get picked up for honking my horn?”

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Hoopes’ next court appearance, a pretrial conference, is set for July 15.

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