The Dispatch
The President of the United States published a statement on Truth Social on March 30, 2026, the day before the Supreme Court is scheduled to hear oral arguments in Trump v. Barbara, a case concerning his executive order ending birthright citizenship. The statement reads, in relevant part: “Birthright Citizenship has to do with the babies of slaves, not Chinese Billionaires who have 56 kids, all of whom ‘become’ American Citizens. One of the many Great Scams of our time!”
The President’s statement arrives the day before oral arguments in a case that will determine whether his executive order — signed on his first day in office — is constitutionally permissible. The order redefines citizenship to exclude children born in the United States to parents without legal status or on temporary visas. The 14th Amendment, ratified in 1868, states: “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.”
This correspondent notes the following items for the record. The President’s characterisation of birthright citizenship as applying exclusively to the children of slaves is his stated position and the stated position of his administration’s legal filings before the Supreme Court. It is not the position of the Supreme Court, which in 1898 ruled in United States v. Wong Kim Ark that the 14th Amendment confers citizenship on children born in the United States to immigrant parents. Wong Kim Ark was the child of Chinese immigrants living legally in the United States. The Supreme Court ruled 6-2 that he was a citizen. The case is directly on point. It has governed birthright citizenship for 128 years.
Legal scholars across the ideological spectrum, including those who support the President’s broader immigration agenda, have described the argument that the 14th Amendment applies only to the children of enslaved persons as inconsistent with the amendment’s text, its legislative history, and the 1898 precedent. Senator Jacob Howard, the Republican who managed the 14th Amendment’s passage in the Senate, stated in 1866 that the citizenship clause would include “every other class of persons” except foreign diplomats and their families. The children of Chinese immigrants were discussed specifically during the amendment’s drafting. They were included. This is in the congressional record.
The President additionally stated that the United States is “the only Country in the World that dignifies this subject with even discussion.” Approximately thirty countries currently offer unrestricted birthright citizenship under the legal principle known as jus soli, including Canada, Mexico, and every country in Central and South America. The United States is not the only such country. This has been noted.
The Supreme Court will hear oral arguments tomorrow. A decision is expected before the end of June. The 14th Amendment has been in continuous effect since 1868.
Source Block
Primary source: President Donald J. Trump — Truth Social, 30 March 2026
Archived copy: archive.org
Screenshot on file: screenshots/trump-birthright-citizenship-post.pngSupporting sources:
- Reason — Supreme Court arguments and 14th Amendment history: https://reason.com/2026/03/31/trumps-unconstitutional-attack-on-birthright-citizenship-finally-reaches-the-supreme-court/
- PBS NewsHour — fact-check of Trump’s birthright claims: https://www.pbs.org/newshour/politics/fact-checking-trump-on-birthright-citizenship-and-birth-tourism-before-supreme-court-hears-arguments
- CBS News — Trump v. Barbara case overview: https://www.cbsnews.com/news/supreme-court-birthright-citizenship-trump-v-barbara/
- Brennan Center — 14th Amendment legislative history: https://www.brennancenter.org/our-work/research-reports/birthright-citizenship-under-us-constitution
