White House Press Secretary Karoline Leavitt was instantly fact-checked after claiming very, very wrongly that birthright citizenship is "unconstitutional."
Birthright citizenship is a legal concept that grants citizenship automatically at birth. It exists in two forms: ancestry-based citizenship and birthplace-based citizenship. The latter, known as jus soli, a Latin term meaning "right of the soil," grants citizenship based on the location of birth.
In the United States, birthright citizenship is enshrined in the Fourteenth Amendment to the Constitution, which declares that "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."
Currently, 33 countries worldwide (along with two territories) offer unrestricted birthright citizenship. This list includes nations such as Argentina, Canada, Jamaica, and Mexico.
Leavitt's remarks came amidst the backdrop of President Donald Trump's recent executive order eliminating it, challenging a century of precedent. However, the order—unconstitutional that it is—has been temporarily blocked by a federal judge after 22 states filed suit.
When asked during her first White House press briefing about opposition to the executive order, she said:
"[Others have] the right to that legal opinion but it is in disagreement with the legal opinion of this administration. This administration believes that birthright citizenship is unconstitutional."You can hear what she said in the video below.
She was wrong—oh, so wrong—and the fact-check came almost immediately.
A constitutional amendment carries more weight than an executive order in the U.S. system of government, but Trump’s stance reflects a longstanding belief that steps should be taken to prevent the children of undocumented immigrants from claiming U.S. citizenship. Of course, he doesn't seem to have minded it when it enabled his father to claim citizenship as a result of having been born here.
CNN previously reported that Trump’s new administration might stop issuing passports to these children, potentially setting the stage for a legal battle over the issue.
Additionally, Trump’s team may increase the use of “expedited removal” for undocumented immigrants nationwide without court hearings, potentially challenging another clause of the 14th Amendment, which guarantees equal protection under the law to every person.
