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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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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.

DOJ, TREASURY INVESTIGATE NONPROFITS AND LEADERS ALLEGEDLY COORDINATING WITH CUBA IN INFLUENCE CAMPAIGN

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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