Fact Check Analysis: Does Trump’s Executive Order on Birthright Citizenship Contradict the 14th Amendment?

By DBUNK LLC

One of our dedicated subscribers submitted this fact-check request regarding the CBS News article titled “JD Vance defends Trump on birthright citizenship, says the U.S. should ‘look out for the interests of our citizens first’.” This request focused on Vice President JD Vance’s defense of President Trump’s executive order challenging birthright citizenship and its alignment with the U.S. Constitution. Below, you’ll find our investigation into whether the claims made in the article hold up to scrutiny, and how the legal arguments on both sides compare.

Misinformation and Missing Context Found in the Article

The article by CBS News accurately reports on statements made by Vice President JD Vance during his appearance on “Face the Nation.” However, it perpetuates misinformation indirectly by omitting significant legal and global context, overstating claims, and failing to address the complexity of birthright citizenship laws worldwide. Let’s break this down:

1. Misrepresentation of the 14th Amendment

The article correctly states that the 14th Amendment to the U.S. Constitution affirms, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” This has traditionally been interpreted to grant citizenship to anyone born in the U.S. regardless of their parents’ immigration status. By quoting President Trump’s claim that birthright citizenship leads to “dumb” immigration policies, the article misses an opportunity to contrast his statement with the Supreme Court’s historical interpretation of the Amendment, including cases such as United States v. Wong Kim Ark (1898), which is a cornerstone of birthright citizenship law.

2. Omission of the Global Context

JD Vance claimed, “I don’t know of ‘any country’ that allows the children of people in a country on a temporary basis to become citizens,” suggesting the U.S. is unique in allowing such a policy. This is factually incorrect. There are over 30 countries, including Canada and most nations in the Americas, that grant automatic birthright citizenship under similar principles. While the article briefly references this inconsistency by citing the CIA’s World Factbook, it fails to challenge Vance’s misleading commentary at any depth, leaving readers with an incomplete understanding of the global context.

3. Incomplete Legal Analysis

The article mentions that a Reagan-appointed federal judge temporarily blocked Trump’s order, calling it “blatantly unconstitutional.” It also states Vance’s assertion that the matter “will be litigated” but fails to provide thorough insight into the strongest legal arguments on each side. For example:

• Pro-Trump Argument: Supporters of the executive order argue that the “subject to the jurisdiction thereof” clause in the 14th Amendment excludes the children of unlawful immigrants because their parents have not fully subjected themselves to U.S. laws.
• Opposition Argument: Legal experts counter that this interpretation is historically unfounded, as the clause was intended only to exclude diplomats and foreign officials with immunity. The case law, particularly United States v. Wong Kim Ark, overwhelmingly supports citizenship for nearly all children born on U.S. soil, regardless of parental status.

By not exploring these arguments, the article denies its audience a balanced understanding of what remains a heated and complex legal debate.

Strongest Legal Arguments Surrounding Trump’s Executive Order

The subscriber who submitted this request wanted to know how Trump’s executive order aligns with or contradicts the 14th Amendment and the strongest legal justifications on either side. Here’s the breakdown:

Pro-Executive Order Perspective

Proponents argue that the 14th Amendment’s phrase “subject to the jurisdiction thereof” limits citizenship to those who owe full allegiance to the U.S. They claim this excludes children of individuals who are in the country unlawfully or temporarily, as their presence is not fully “subject to jurisdiction” in a legal or civic sense.

Anti-Executive Order Perspective

Opponents claim the executive order directly violates both the text and historical interpretation of the 14th Amendment. They emphasize that established precedent guarantees citizenship to most children born in the U.S., irrespective of their parents’ immigration status, and this has been reaffirmed in court for over a century. They also note that altering birthright citizenship would likely require a constitutional amendment, not an executive order.

The Takeaway

The CBS News article contains partial truths but lacks the depth and context necessary to fully inform its audience about the constitutional and global implications of Trump’s executive order. Vance’s statements about no other countries having similar policies are factually erroneous, and the article fails to confront this misinformation adequately. Additionally, the editorial decision to gloss over the nuanced constitutional debate surrounding the 14th Amendment weakens its credibility as a comprehensive analysis.

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Original Article: https://www.cbsnews.com/news/jd-vance-interview-birthright-citizenship/