Donald Trump secures Supreme Court win on birthright citizenship – but could Melania and Barron be impacted?

US president Donald Trump secured a legal victory on Friday, when the Supreme Court limited the ability of federal courts to apply nationwide injunctions blocking the Republican’s executive orders, such as the one on birthright citizenship – but social media users are questioning whether this particular policy could end up impacting the political leader himself and those close to him.

Per the 14th amendment of the US Constitution, all those “born or naturalized in the United States” are “citizens of the United States and of the State wherein they reside”.

And Trump isn’t much of a fan of that amendment, telling Meet the Press back in December that “we have to end it” and incorrectly claiming that America is “the only country that has it” – it turns out Brazil, Canada, Jamaica and Mexico are also among those which provide unconditional birthright citizenship.

He added: “Do you know, if somebody sets a foot – just a foot, one foot – on our land, congratulations, you are now a citizen of the United States of America.

“We’re gonna end that, because it’s ridiculous … if we can, through executive action.”

Then, a month later, on the day of his inauguration, Trump signed an executive order prohibiting US government departments and agencies from issuing or accepting documents “purporting to recognize United States citizenship, to persons: (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth”.

Except, Twitter/X users have wondered how – if at all – this might impact First Lady Melania Trump, who was born in Slovenia and became a US citizen in July 2006; and the couple’s son Barron Trump, who was born in March 2006:

“Deport Melania and Barron,” wrote one account:

Another suggested the pair “should be on the next flight out” of the United States:

While Trump being harmed by his own policy would be pretty catastrophic, his executive order and plans for birthright citizenship do not impact Barron, Melania, or indeed his children born to his first wife Ivana (Donald Trump Jr., Ivanka and Eric).

The order itself states that it only applies to “persons who are born within the United States after 30 days from the date of this order”, rather than any retrospective cases.

What’s more, New York immigration attorney Robert Scott told Factcheck.org – a project from the University of Pennsylvania – that “there’s really no sound argument that any of Donald’s children are not US citizens”.

He added: “Had Ivana and Donald had a child overseas (after 1971), while NOT married to each other, then that child would not necessarily be a US citizen despite Donald’s US citizenship.”

But the website points out that Trump’s children were all born in New York to married parents, and that the Republican’s campaign website stated “at least one parent” needs to be a US citizen or “lawful permanent resident” for their children to become US citizens automatically (the same stipulation is issued in the January executive order).

Reuters also published its own fact-check of the claims, quoting Amanda Frost, a law professor from the University of Virginia.

She said: “Donald Trump is a citizen, and so even if his proposal to end birthright citizenship for those without at least one parent who is either a citizen or lawful permanent resident (green card holder) goes into effect, it would not apply to his children."

So no, Trump’s own family members would not be affected by any changes to birthright citizenship.

Why not read…

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• Trump appears to claim he invented the term 'caravan'

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