If you listen to dozens of media outlets, they’ll tell you—over and over—that Donald Trump cannot stop the U.S. government from handing out birthright citizenship to the children of illegal immigrants. Why? Well, because the 14th Amendment “requires it,” they claim. But they were wrong when this nonsense first began, and that hasn’t changed with age.
Here’s the thing: the legislative history of the 14th Amendment is crystal clear that it only applies to children born to people who are legally (US citizens) and permanently living in the United States. And no, that doesn’t mean illegal immigrants, temporary residents, tourists, or visitors.
Yet here we are—children of illegal immigrants are getting U.S. citizenship thanks to what can only be called a creative interpretation of the Constitution. Sure, Congress could pass a law to make it official, but let’s be honest—no such law exists.
Oh, and about that 1898 Supreme Court decision that supposedly “settled” the issue? Yeah, it’s a mixed bag. The ruling is flawed, inconsistent, and, frankly, ripe for review by today’s Supreme Court.
Let’s rewind to 1866. The Civil War had just ended, slavery was abolished, and a group called the Radical Republicans passed a civil rights law to protect African Americans. The law specifically stated that:
“all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States….”
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In other words, the law protected former slaves—not foreigners. To ensure the law was on solid ground, the Radical Republicans pushed for the 14th Amendment, passed in 1868, which says:
“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.”
That “birthright citizenship” clause sounds pretty straightforward, right? But the devil’s in the details—or rather, in the words “subject to the jurisdiction thereof.”
Fast forward to today, and we’ve somehow gotten to the point where kids born to illegal immigrants, temporary visitors, and even tourists are granted citizenship. That citizenship comes with perks like welfare benefits, the right to vote, and even the ability to sponsor relatives for residency. Oh, and according to Pew Research in 2009, a whopping 73% of children of unauthorized immigrants were U.S. citizens.
The Current Debate: Trump, the Media, and the Missing Words
Enter Donald Trump, who recently doubled down on his promise to end birthright citizenship. When NBC’s Kristen Welker challenged him by quoting part of the 14th Amendment, Trump simply replied, “Yeah. Absolutely.”
Welker confidently stated:
“The 14th Amendment, though, says that, quote, ‘All persons born in the United States are citizens.’ Can you get around the 14th Amendment with an executive action?”
The only problem? That’s not what the 14th Amendment says. Welker conveniently omitted the operative phrase “subject to the jurisdiction thereof.”
Cue the media chorus—BBC, CNN, NBC News, you name it—parroting her incomplete statement. Even Hillary Clinton jumped in, writing on X:
“Birthright citizenship is enshrined in the Constitution. Trump may want to read it.”
Ironically, neither she nor NBC quoted the full Constitution. How convenient.
Republican Senator Jacob Howard, the guy who introduced the 14th Amendment in 1866, defined “subject to the jurisdiction” as follows:
“Simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of person.”
So, what does that mean? It means foreigners and aliens (yes, including illegal immigrants) aren’t subject to U.S. jurisdiction the same way legal citizens are.
Yet, some scholars—like Daniel Drezner of Tufts University—argue that Howard’s terms are “synonyms” that only refer to the children of foreign diplomats. But, hold on—“foreigners” and “aliens” clearly include illegal immigrants, while “ambassadors” and “foreign ministers” do not. Words matter, folks.
Howard further clarified the point during the debate, stating:
“The word ‘jurisdiction’… ought to be construed as to imply a full and complete jurisdiction on the part of the United States… the same jurisdiction… as applies to every citizen of the United States now.”
So, to summarize: Jacob Howard, the guy who wrote the amendment, said exactly what it means.
Ah, yes—the 1898 Supreme Court case often cited as proof that birthright citizenship applies to everyone. Here’s the deal: Wong Kim Ark was born in San Francisco to Chinese immigrants who were living legally and permanently in the U.S.
The majority ruled that the 14th Amendment grants citizenship to:
“all children here born of resident aliens,”
with exceptions for diplomats, occupying enemy forces, and Indian tribes. So far, so good.
But then the court threw in this line:
“subject to the jurisdiction thereof” only applies to people who “are permitted by the United States to reside here.”
Uh-oh. That’s a big problem for those claiming the clause applies to illegal immigrants and tourists.
Even the dissenting justices weren’t impressed, calling the majority’s logic “feudal” and “regal” doctrines left over from the English monarchy. Feudal law? In the U.S.? Come on.
At the end of the day, the 14th Amendment was enacted to protect the civil rights of African Americans—not to hand out citizenship to everyone born on U.S. soil. The legislative history is clear, and the current interpretation by the federal government rests on shaky ground.
The media may keep saying birthright citizenship is “settled,” but the facts—and the words of the 14th Amendment’s authors—tell a very different story.
#14thAmendment #BirthrightCitizenshipDebate #TrumpImmigration
