NATIONAL NEWS

FACT FOCUS: A look at the Trump administration’s challenge to birthright citizenship

Jun 28, 2026, 9:06 PM | Updated: Jul 10, 2026, 11:10 am

FILE - Hannah Liu, 26, of Washington, holds up a sign in support of birthright citizenship, May 15,...

FILE - Hannah Liu, 26, of Washington, holds up a sign in support of birthright citizenship, May 15, 2025, outside of the Supreme Court in Washington. (AP Photo/Jacquelyn Martin, File)
Credit: AP Photo/Jacquelyn Martin

(AP Photo/Jacquelyn Martin, File)

When it comes to birthright citizenship, the Trump administration hasn’t been subtle about its views.

The practice, which grants automatic citizenship to nearly everyone born on U.S. soil and which is soon to face Supreme Court judgment, is “a disgrace,” according to President Donald Trump.

“The gravest and most preposterous of all constitutional abominations,” top White House adviser Stephen Miller wrote on X.

“The dumbest immigration policy in the world,” Vice President JD Vance said in 2025.

“You know, we’re the only country that has it,” Trump said in one interview, a claim he has made repeatedly. And falsely.

The Supreme Court is expected to address the issue in the coming days, ruling on a Trump executive order that would upend more than a century of constitutional and legal history.

“It’s all up to a couple of people,” he told reporters recently. “I hope they do what’s right.”

Here’s a closer look at the facts.

Birthright citizenship became law in 1868

Birthright citizenship became law in 1868 when the 14th Amendment was ratified in the aftermath of the Civil War, in part to ensure that former slaves would be citizens.

In the late 1800s, in the case of Wong Kim Ark, a man born in the U.S. to Chinese parents, it was expanded to include children of immigrants. In later cases, the Supreme Court ruled that anyone born in the U.S. is a citizen, including if their parents are in the U.S. illegally or temporarily.

There are a tiny number of exceptions, mostly for children born in the U.S. to foreign diplomats.

It became an accepted part of U.S. jurisprudence and, until Trump, few saw it as controversial.

That’s not surprising, since until fairly recently even many Republicans spoke warmly about immigration.

Recent immigrants “have crawled over walls and under barbed wire and through mine fields” to reach the U.S., President Ronald Reagan said at a 1984 naturalization ceremony in Detroit for new citizens.

“And all of them have added to the sum total of what your new country is.”

Trump casts birthright citizenship as a ‘magnet for illegal immigration’

Opposition to immigration has long been central to Trump’s campaigns, and he has tapped into public frustration with issues like soaring illegal border crossings during the Biden administration, when border arrests from Mexico reached a record-high of 250,000 in just one month.

To Trump, birthright citizenship is a “magnet for illegal immigration,” with administration officials often pointing to illegal “birth tourism” networks that arrange for non-U.S. citizens to come to the country solely to give birth.

In legal arguments against the practice, government lawyers often focus on one phrase in the amendment: “subject to the jurisdiction thereof.” Breaking with most legal scholars, they insist that means the U.S. can deny citizenship to babies born to women who are in the country illegally.

But during April’s oral arguments on the case, even some conservative Supreme Court justices questioned that approach.

Trump says only the US has birthright citizenship. Is that true?

No.

It’s true that the practice isn’t the norm around the world. In most countries, a child’s citizenship follows that of its parents, no matter where the birth takes place.

Yet dozens of countries other than the United States have unrestricted birthright citizenship. Most are in the Americas, including Canada, Mexico and many nations in Central and South America.

Dozens of other countries, from Germany to Australia, have a mixed approach, using a variety of principles, including parenthood, place of birth, residency and ethnicity, to decide a child’s citizenship.

___

Find AP Fact Checks here: https://apnews.com/APFactCheck.

National News

President Donald Trump walks from the state after speaking at a campaign rally at the Port of Corpu...

Associated Press

A midterm crossroads for both parties eyeing the beginning of the end of the Trump era

NEW YORK (AP) — The nation’s major political parties are at a crossroads. A decade after he began to remake the Republican Party in his image, President Donald Trump is facing the prospect of a voter rebellion Tuesday that could force conservatives to rethink their undying allegiance to the 80-year-old lame-duck leader and his “Make […]

5 hours ago

President Donald Trump winks as he speaks during an event at Butler High School in Vandalia, Ohio, ...

Associated Press

Vote Republican, or else: how Trump is dangling government help on the campaign trail

WASHINGTON (AP) — President Donald Trump says Georgia GOP Senate candidate Mike Collins can call him whenever he wants to ask for help for his state. But if Georgia reelects Democratic Sen. Jon Ossoff, Trump says it could be another story. “There’s a big difference between that and Pee-wee Herman calling,” Trump said last week […]

6 hours ago

U.S. Secretary of State Marco Rubio looks on as he speaks with members of the media at the Taj Maha...

Associated Press

G20 diplomats, including from China and Russia, face deep rifts as they prepare to meet in Atlanta

WASHINGTON (AP) — The top diplomats from the Group of 20 largest world economies, including envoys from Russia and China, are meeting in Atlanta as they face deep rifts over multiple wars and other global crises that threaten international security and trade. U.S. Secretary of State Marco Rubio will chair the gathering Friday and Saturday […]

6 hours ago

A photo of Sandra Birchmore is displayed during a Stronger Together Standout gathering, where the g...

Associated Press

The police said Sandra Birchmore’s death was a suicide. Then the FBI accused a cop of murder

BOSTON (AP) — When Sandra Birchmore was found dead in her Massachusetts home, police quickly decided it was a suicide. From the start, her friends didn’t believe it. The 23-year-old had recently learned she was pregnant — and was thrilled about it, they told police. The person upset about the pregnancy, they said, was the […]

6 hours ago

An American Barn Owl sits perched on a water tower on the Upper West Side neighborhood, Wednesday, ...

Associated Press

The roof of a water tower in Manhattan where a rare family of barn owls nested has been removed

The roof of a water tower where a family of celebrity barn owls had been nesting in Manhattan’s Upper West Side has been removed, sparking outrage among New Yorkers who have been captivated by the elusive birds. The barn owl family was discovered weeks ago, drawing crowds of people in the street eager to get […]

8 hours ago

Associated Press

Cryptocurrency exchange Binance says it’s investigating reports of a potential security incident

LOS ANGELES (AP) — Binance, the world’s largest cryptocurrency exchange, said Thursday it’s investigating reports of a potential security issue as its founder said the incident “does look like a hack on Binance.” It wasn’t immediately clear the extent of the damage hackers might have been able to accomplish and Binance had not explicitly confirmed […]

10 hours ago

FACT FOCUS: A look at the Trump administration’s challenge to birthright citizenship