Though Gov. Ron DeSantis strongly approves of President Donald Trump's new executive order ending birthright citizenship for illegal immigrants, he doesn't think it will hold up in the Supreme Court.
Gov. DeSantis referred to one of Trump's 26 executive orders issued on his first day in office, which clarifies that children of illegal immigrants do not automatically gain U.S. citizenship under the 14th Amendment. Though the amendment grants citizenship to "all persons born" in the United States, Trump argues that children born to illegal parents are not subject to U.S. jurisdiction, and, therefore not citizens.
And DeSantis agrees.
"The purpose of the 14th Amendment’s citizenship clause was to overturn the Dred Scott case, not to bestow citizenship on those present in the US against the people’s will as expressed in law," DeSantis posted on X. "The Trump executive order will be litigated until the Supreme Court decides the question (which it has never decided) of whether children born to illegal aliens get constitutionally-mandated citizenship."
DeSantis later responded to an X user speculating how "great" it would be if a "Lib justice" on the Supreme Court could retire and be replaced with a conservative one to greenlight the order when it is inevitably challenged in the nation's highest court. 22 states have already sued to block it.
"That might be necessary to get the desired ruling," DeSantis said. "I’m not sure there are currently 5 votes on the Supreme Court for the notion that the 14th Amendment does not give birthright citizenship to illegals."
The executive order, which takes effect Feb. 19, will specifically bar federal agencies from recognizing the citizenship of children born to fathers who are not citizens or legal permanent residents and mothers who are either illegal or only in the U.S. for a legal temporary basis.
An executive order, which doesn't require Congressional approval, can only be nullified by Congress passing measures making it difficult to enforce, the president issuing another executive order nixing it, or by the Supreme Court finding that the president lacks the constitutional authority to issue it.
Weeks before Trump's inauguration, DeSantis promised that Florida would do everything possible to be in lockstep with the new administration. Florida, whose representatives make up a large portion of the new Trump administration, has already taken the lead on conservative proposals set to be federally adopted, including a ban on DEI programs and certain transgender policies.
DeSantis called a special session for Jan. 27 to pass stringent immigration laws, including a ban on in-state tuition for undocumented students and empowering local officials to deport illegal immigrants. Though he faced pushback from within, he has continued to push for stricter immigration policies, citing Trump's executive orders as a foundation for Florida’s legislative actions.