
Trump Calls Birthright Citizenship a “Scam” Ahead of Supreme Court Hearing
President Donald Trump sharply criticized birthright citizenship on Tuesday afternoon, describing it as a system being abused by wealthy foreigners who travel to the United States to have children.
In a post on Truth Social, Trump argued that the current interpretation of the policy strays from the original intent of the 14th Amendment, which was enacted after the Civil War to grant citizenship to formerly enslaved individuals.
“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!”
Trump’s remarks came just one day before the U.S. Supreme Court is set to hear oral arguments in a case tied to his executive order seeking to restrict birthright citizenship. The policy, signed on the first day of his second term, has been blocked from taking effect after a lower court ruled in July 2025 that it was likely unconstitutional.
The president has repeatedly argued that so-called “birth tourism” poses concerns for national security and public safety, including comments he made earlier this week.
The 14th Amendment, passed in 1866 and ratified in 1868, established citizenship for individuals born in the United States, particularly those who had previously been enslaved. It also overturned the Supreme Court’s 1857 Dred Scott v. Sanford ruling, which had denied citizenship to Black Americans.
“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,” the amendment said.
In his executive order, Trump acknowledged that the amendment “rightly repudiated” the “shameful” Dred Scott decision but argued that its language has since been incorrectly applied. He pointed to the phrase “subject to the jurisdiction” as central to the debate, asserting that children born to foreign nationals should not automatically receive citizenship.
“The Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States,” the order said. “The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not ‘subject to the jurisdiction thereof.’”
Trump’s post followed closely on the heels of a segment on Fox News in which host Will Cain discussed the issue, highlighting a case involving a Chinese billionaire who reportedly had more than 100 children through surrogacy in the United States.
“Why would they do that? Because babies born here are automatically U.S. citizens,” Cain said. “Also, surrogacy is illegal in China.”
Cain added that several European countries are reconsidering birthright citizenship policies, suggesting that the United States is increasingly becoming an “outlier” on the issue.