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.”
Politics
Navy Secretary John Phelan Is Leaving the Pentagon and the Trump Administration
Navy Secretary John Phelan was fired on Wednesday after months of infighting with senior Pentagon leaders and disagreements over how to revive the Navy’s struggling shipbuilding program.
Mr. Phelan is leaving the Pentagon and the Trump administration effective immediately, wrote Sean Parnell, the Pentagon’s chief spokesman, in a terse statement.
In his role leading the Navy, Mr. Phelan had championed the “Golden Fleet,” a major investment in new ships including a “Trump-class” battleship. But Mr. Phelan’s leadership was marred by feuds with senior leaders in the Pentagon, including Defense Secretary Pete Hegseth and Deputy Defense Secretary Stephen Feinberg, Pentagon and congressional officials said.
Mr. Phelan is the first service secretary to leave the administration, though he is the second one to clash with the defense secretary. Mr. Hegseth also has butted heads with Army Secretary Daniel P. Driscoll over promotions and a host of other issues. Mr. Hegseth fired the Army’s chief of staff, Gen. Randy George, earlier this month.
The Navy secretary has no role overseeing deployed forces, and Mr. Phelan’s firing is not likely to have significant implications for the conduct of the Iran war or U.S. Navy operations to blockade Iranian ports or open the Strait of Hormuz. As the Navy’s top civilian leader, his main responsibility is to oversee the building of the future naval and Marine Corps force.
But the tumult could make it harder for the Navy to replenish its stock of Tomahawk missiles and high-end air defense systems, which have been in heavy use in Iran.
Tensions had been simmering for months between Mr. Phelan and his two bosses — Mr. Hegseth and Mr. Feinberg — over management style, personnel issues and other matters.
Mr. Feinberg, in particular, had grown increasingly dissatisfied with Mr. Phelan’s handling of the Navy’s major new shipbuilding initiative, and had been siphoning off responsibility for the project from him, said the congressional official, who spoke on the condition of anonymity to discuss personnel matters.
Mr. Phelan, a White House appointee, also had a contentious relationship with his deputy, Under Secretary Hung Cao, who is more aligned with Mr. Hegseth, especially on some of the social and cultural battles that have defined the defense secretary’s tenure, the officials said.
A senior administration official said that Mr. Hegseth informed Mr. Phelan before the Pentagon’s official announcement that he and President Trump had decided that the Navy needed new leadership.
A spokeswoman for Mr. Phelan referred all questions on Wednesday evening to the Defense Department.
Last fall, Mr. Hegseth fired Mr. Phelan’s chief of staff, Jon Harrison, who had clashed with senior officials throughout the Pentagon. The unusual move highlighted the broader tensions between Mr. Hegseth and Mr. Phelan.
Still, the timing of Mr. Phelan’s firing caught some Pentagon and congressional officials off guard. On Wednesday, Mr. Phelan was making the rounds on Capitol Hill, talking to senators about his upcoming annual hearing with lawmakers to discuss the Navy’s budget request and other priorities.
“Secretary Phelan’s abrupt dismissal is troubling,” Senator Jack Reed of Rhode Island, the top Democrat on the Armed Services Committee, said in a statement Wednesday night. “In the midst of President Trump’s war of choice in Iran, at a moment when our naval forces are stretched thin across multiple theaters, this kind of disruption at the top sends the wrong signal to our sailors and Marines, to our allies, and to our adversaries.”
Mr. Phelan also had a close relationship with Mr. Trump. In December, Mr. Phelan appeared alongside Mr. Trump at his Mar-a-Lago resort to announce the “Golden Fleet” and the new class of battleships bearing Mr. Trump’s name.
“John Phelan is one of the most successful businessmen in the country — in our country,” Mr. Trump said. “He’s been a tremendous success.”
Before joining the Trump administration, Mr. Phelan ran a private investment fund based in Florida.
“He’s taken probably the largest salary cut in history, but he wanted to do it,” Mr. Trump said at the December press conference. “He wants to rebuild our Navy. And you needed that kind of a brain to do it properly.”
But Mr. Trump’s effusive praise masked deeper tensions with Mr. Phelan’s Pentagon bosses.
Bryan Clark, a naval analyst at the Hudson Institute, said that Mr. Phelan was “driving the Navy in a different direction” than what Mr. Hegseth and Mr. Feinberg wanted.
“He was championing initiatives like the battleship and frigate that don’t align with where the D.O.W. leadership is taking the military, which is toward submarines, stealth aircraft, unmanned systems and software-driven capabilities like electronic warfare and cyber,” Mr. Clark said in an email, using the abbreviation for Department of War, as the administration calls the Defense Department.
Mr. Phelan also clashed with Mr. Hegseth over personnel issues in the Navy and Marine Corps, a former senior military official said. Mr. Hegseth has directed service secretaries to scrub the social media accounts of general- and admiral-level promotion candidates to ensure they are not deemed too “woke” by Mr. Hegseth’s standards, the official said.
Maggie Haberman and Eric Schmitt contributed reporting.
Politics
Manhattan DA’s office employee charged with sexual abuse after alleged incident on Queens subway
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An analyst with the Manhattan District Attorney’s Office was arrested Tuesday on allegations that he sexually abused a woman while off duty, police told Fox News Digital Wednesday.
Tauhid Dewan, 28, is accused of inappropriately touching a 40-year-old woman’s private area during a late-afternoon rush-hour subway ride in Queens, according to local outlet PIX11.
The victim was reportedly a random woman, the outlet added, citing sources who said she and the suspect were strangers.
A spokeswoman for the office told Fox News Digital that the staffer has since been suspended.
MAN ARRESTED IN NYC STRANGULATION DEATH OF WOMAN FOUND OUTSIDE TIMES SQUARE HOTEL
Tauhid Dewan, 28, was arrested in New York City Tuesday following allegations that the Manhattan DA staffer innapropriately touched a woman during a subway ride (LinkedIn)
According to the New York Police Department, Dewan was arrested around 5 p.m., possibly after returning from work.
PIX11 added that the arrest occurred minutes after the incident, which allegedly took place on a No. 7 train near the Junction Boulevard station.
He was subsequently arrested by the NYPD Transit Bureau and is facing multiple charges, including forcible touching on a bus or train, third-degree sexual abuse, and second-degree harassment involving physical contact.
He was also charged with acting in a manner injurious to a child under the age of 17, suggesting a minor may have been nearby and either witnessed the alleged conduct or was placed at risk by it.
ERIC SWALWELL FACES MANHATTAN SEX ASSAULT PROBE AFTER ENDING CALIFORNIA GOVERNOR CAMPAIGN AMID ALLEGATIONS
Tauhid Dewan is an employee of the Manhattan District Attorney’s Office, which is led by DA Alvin Bragg. (Spencer Platt/Getty Images)
Law enforcement sources said Dewan has no prior arrests, local outlets reported.
According to city records, Dewan has worked at the Manhattan District Attorney’s Office as a senior investigative analyst for nearly four years, since July 10, 2022.
People board a train at a subway station in New York City on Aug. 1, 2025. (Gary Hershorn/Getty Images)
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His arraignment in Queens Criminal Court was scheduled for Wednesday, according to state records.
Politics
As primary election nears, top candidates for California governor debate tonight
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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