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Gov. Ron DeSantis Urges Supreme Court to Overturn Birthright Citizenship Protections
December 5, 2025
Florida Governor Ron DeSantis is calling on the U.S. Supreme Court to overturn the long-standing interpretation of birthright citizenship under the 14th Amendment, arguing that the provision was never intended to grant automatic citizenship to children born to undocumented immigrants.
Speaking on Monday, DeSantis echoed former President Donald Trump’s earlier attempts to challenge birthright citizenship and vowed to support a constitutional reinterpretation that would exclude children of illegal immigrants from automatic U.S. citizenship.
DeSantis: “The Framers Intended No Such Thing”
“The framers of that amendment intended no such thing, but it has been interpreted to be a blanket grant of birthright citizenship for any child birthed on U.S. soil to illegal alien parents,” DeSantis argued.
“Correcting this would reduce the incentive to enter the U.S. illegally.”
DeSantis said the 14th Amendment was never meant to apply to undocumented immigrants or those entering the country unlawfully, calling current interpretations “preposterous.”
He urged the Supreme Court to “do the right thing” and revisit what he described as a “failed policy” that encourages illegal border crossings.
Plan to End Birthright Citizenship for Children of Undocumented Immigrants
In a detailed immigration proposal released this week, DeSantis pledged to take federal action to challenge and ultimately eliminate the practice of granting citizenship to children of non-citizens born on U.S. soil.
“Dangling the prize of citizenship to the future offspring of illegal immigrants is a major driver of illegal migration,” he said. “It is inconsistent with the original understanding of the 14th Amendment, and we will force the courts and Congress to finally address this.”
Speaking in Eagle Pass, Texas, DeSantis again stressed his stance:
“This idea that you can come across the border, two days later have a child, and somehow that’s an American citizen — that was not the original understanding of the 14th Amendment.”
A Renewed Conservative Push Following Trump’s Past Proposals
The issue of birthright citizenship has been a flashpoint in conservative politics for years.
The 14th Amendment states that all persons “born or naturalized in the United States” are U.S. citizens, and courts have long interpreted that to include children of undocumented immigrants.
Former President Donald Trump previously vowed to end birthright citizenship via executive order in 2018, but the plan never materialized. As the Republican frontrunner again, Trump has revived the proposal for his 2025 platform.
DeSantis, who criticized birthright citizenship during his 2018 gubernatorial run as “not a good policy,” is now going further—calling explicitly on the Supreme Court to revisit and overturn the established constitutional interpretation.
Frequently Asked Questions (FAQs)
1. What did Gov. Ron DeSantis call on the Supreme Court to do?
DeSantis urged the Supreme Court to overturn birthright citizenship for children born in the U.S. to undocumented immigrants, arguing that it contradicts the original intent of the 14th Amendment.
2. What is birthright citizenship?
Birthright citizenship is the policy that grants automatic U.S. citizenship to anyone born on American soil, regardless of their parents’ immigration status. It is widely interpreted as being protected by the 14th Amendment.
3. Why does DeSantis oppose birthright citizenship?
DeSantis argues that birthright citizenship encourages illegal immigration by offering an incentive to cross the border and give birth in the U.S. He claims the policy is inconsistent with the framers’ intent.
4. What does DeSantis believe the 14th Amendment originally intended?
He asserts that the amendment was never meant to grant citizenship to children of people who entered the country illegally, but rather to protect freed slaves after the Civil War.
5. Has birthright citizenship ever been challenged before?
Several politicians have criticized it, including former President Donald Trump, who previously promised an executive order to end it but did not follow through. However, the Supreme Court has never ruled directly on restricting it for undocumented immigrants’ children.
6. Does DeSantis want Congress involved in this issue?
Yes. He said both Congress and the courts should “finally address this failed policy,” suggesting that legislation and a Supreme Court ruling may be needed.
7. How does DeSantis believe ending birthright citizenship will affect illegal immigration?
He claims removing automatic citizenship would reduce incentives for illegal entry, preventing people from crossing the border just to have children who gain U.S. citizenship.
8. Is this issue part of DeSantis’ broader immigration plan?
Yes. Ending birthright citizenship is one of several policies within his expanded immigration agenda, which he outlined while visiting Eagle Pass, Texas.
9. What do DeSantis’ critics say about this proposal?
Critics argue that birthright citizenship is clearly protected by the 14th Amendment and that overturning it could create legal chaos, stateless children, and constitutional challenges.
10. Is birthright citizenship currently guaranteed?
As of now, yes. Anyone born in the U.S. is automatically a citizen unless the Supreme Court rules otherwise or Congress amends the Constitution—both of which are difficult processes.
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