The Dictatorship

Ask Jordan: Does birthright citizenship require allegiance to the U.S.?

Published

11 months ago

June 1, 2025

Ask Jordan: Does birthright citizenship require allegiance to the U.S.?

“Why are you ignoring the intent of the 14th Amendment, which was to give citizenship to freed slaves and their progeny? Jurisdiction means allegiance to a country, which illegal aliens do not have.”

— Brian Jones

Hi Brian,

It’s true that the 14th Amendment repudiated the infamous Dred Scott rulingwhich had denied citizenship to people of African descent. But it doesn’t follow from that premise to say that U.S.-born babies today aren’t citizens because their parents were here unlawfully. To the contrary, the amendment has long been understood to grant citizenship based on the geographical fact of being born here, not based on any extra allegiance factor or parentage.

Basing birthright citizenship on allegiance would have weird implications for the very thing you highlight: addressing the sin of slavery. For what allegiance did people owe the country that forced them into bondage — the country that didn’t even treat them as people? Taking another example from the era that sparked the 14th Amendment, what about the Confederates who rebelled against the United States — did they demonstrate allegiance?

It’s not only historical examples but modern ones, too, that make the untenable allegiance theory even less workable. What about dual citizens? What about lawful permanent residents? These and other problems would abound under an allegiance regime.

Such issues will only come to pass if the Supreme Court ultimately decides to go against the weight of history. As a brief from constitutional and immigration scholars put it in the pending high court appeal, the 14th Amendment’s backers at the time embraced the long-standing principle that “birth created allegiance,” regardless of parental status. If you’re born here, you’re a citizen.

Yet, it’s important to understand the argument behind your statement — “Jurisdiction means allegiance to a country which illegal aliens do not have” — because that’s basically what the administration and its supporters argue in defense of President Donald Trump’s executive order. (I should note that Trump’s order also seeks to exclude babies whose mothers are lawfully but only temporarily present, like on a visa, which further weakens, or at least further complicates, the allegiance argument.)

We’re still awaiting the Supreme Court’s ruling following the May 15 hearingat which the government focused not on the argument you raise but on a procedural complaint: that the judges who blocked Trump’s order shouldn’t have been allowed to do so on a nationwide basis. The government didn’t ask the justices to say that those judges were incorrect in rejecting Trump’s order. This piecemeal strategy suggests the administration thinks the justices would reject its underlying argument on the merits of the order. But it’s still important to understand the merits argument, so let’s get into it.

As a refresher, the 14th Amendment’s citizenship clause says: “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.” It’s that “subject to the jurisdiction thereof” language through which Trump seeks to smuggle an allegiance requirement. But that language only serves to make limited exceptions to birthright citizenship — today, it basically serves as an exception for children of foreign diplomats, so not much of an exception for practical purposes. Being “subject” to U.S. jurisdiction means being subject to U.S. law. The clause doesn’t mention allegiance.

That didn’t stop the administration from trying to upend the settled view. “The original meaning of the Citizenship Clause extended citizenship to the children of former slaves, not to people who are unlawfully or temporarily present in the United States,” is how Solicitor General John Sauer began his rebuttal at the end of the hearing, putting in a last-ditch fighting word for the order that several justices had effectively deemed legally unserious. “If I were in your shoes, there is no way I’d approach the Supreme Court with this case,” Justice Elena Kagan, a former solicitor general herself, had told Sauer earlier.

That’s probably because the Supreme Court seemingly settled the matter more than a century ago. In its 1898 ruling in Wong Kim Ark, the court rejected the notion that a person born here could be denied citizenship because his parents owed allegiance to China. In doing so, the court noted that the 14th Amendment “affirms the ancient and fundamental rule of citizenship by birth within the territory[.]” There are other ways that the Trump administration tries to distinguish the Wong Kim Ark precedent, but the bottom line is that the court has reaffirmed this understanding of birthright citizenship over the years.

That’s how lower court judges around the country quickly and easily rejected Trump’s order, and that’s likely why his administration didn’t directly challenge the substance of those judges’ rulings at the high court. By focusing on the nationwide injunction issue in the pending appeal, the administration stands a chance at winning a procedural battle, without requiring the court to answer the underlying merits of the citizenship question; that litigation strategy carries the added benefit of potentially curbing all sorts of injunctions against the government in Trump’s second term, which has been dominated by executive actions that judges have speedily smacked down. We’re still waiting for the justices to rule in the appeal, and they might not address the merits of the underlying order at all and might only answer the procedural injunction question (which, to be sure, carries important consequences in all manner of cases going forward, if the justices make it harder for people to challenge illegal executive actions).

The government admits that its new view on the merits of the issue goes against the executive branch’s previously established understanding. “During the 20th century,” it said in its Supreme Court application ahead of the hearing, “the Executive Branch adopted the incorrect position that the Citizenship Clause extended birthright citizenship to almost everyone born in the United States — even children of illegal aliens or temporarily present aliens.” The policy of “near-universal birthright citizenship,” it went on, “has created strong incentives for illegal immigration,” leading to “birth tourism” in which “expecting mothers travel to the United States to give birth and secure U.S. citizenship for their children.”

That’s an understandable political explanation for why the Trump administration wants to end birthright citizenship. But that policy preference doesn’t double as a legal argument, nor does it strengthen the actual legal argument put forth by the administration. The legal issue is the meaning of the 14th Amendment as written, and the century-plus precedent reaffirming broad birthright citizenship, not some imagined version of the amendment concocted to match the administration’s policy view.

Of course, we know this court is willing to reverse precedent. But on top of the serious problems with Trump’s merits argument, I again note that if the government were confident in that argument, it might have been eager to make it to the justices as soon as possible. Instead, it appears to be attempting to delay a final decision on the issue. The administration has been aggressive in making its arguments across a series of other cases — and yet, for some reason, it’s not eager to hear what the high court thinks about birthright citizenship.

Have any questions or comments for me? Please submit them on this form for a chance to be featured in the Deadline: Legal Blog and newsletter.

Jordan Rubin

Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined BLN, he was a legal reporter for Bloomberg Law.

The Dictatorship

Trump again pays offshore wind operators to walk away from leases

Published

5 hours ago

April 28, 2026

Blue Light Newsroom

Trump again pays offshore wind operators to walk away from leases

WASHINGTON (AP) — The Trump administration announced two more payouts Monday for energy companies to walk away from U.S. offshore wind projects under development.

Bluepoint Wind and Golden State Wind have agreed to end their offshore wind leases in exchange for reimbursements totaling nearly $900 million. Both companies have decided not to pursue any new offshore wind projects in the United States, the Interior Department announced Monday.

Bluepoint Wind is an offshore wind project in the early stages of development off the coasts of New Jersey and New York, while Golden State Wind is a floating offshore wind project proposed off California’s central coast.

Interior said it’s following the model of its recent deal with the French energy company TotalEnergies, which is getting a $1 billion payout to walk away from projects off the coasts of North Carolina and New York. TotalEnergies agreed in March to what’s essentially a refund of its leases, and will invest the money in fossil fuel projects instead.

The deals come after the administration’s efforts to block offshore wind have been thwarted by the courts. A federal judge vacated President Donald Trump’s executive order blocking wind energy projects in December, declaring it unlawful as she sided with state attorneys general from 17 states and Washington, D.C., who challenged the order.

Two weeks later, the administration ordered that construction stop on five major East Coast offshore wind projects, citing national security concerns. Developers and states suedand federal judges allowed all five to resume constructionessentially concluding that the government didn’t show that the national security risk was so imminent that construction must halt.

Environmental groups and Democrats have questioned the legality of the TotalEnergies deal and said it could be harmful to the U.S. economy and environment. Senate Minority Leader Chuck Schumer, D-N.Y., criticized the administration for stopping Bluepoint Wind, calling it “a reckless decision that hurts working families and the economy” and will likely increase electricity prices in New York.

“Once again, Donald Trump is attacking New York offshore wind at the behest of his fossil fuel donors with no justification,” he said in a statement Monday.

Both Bluepoint and Golden State are co-owned by Ocean Winds, a joint venture of EDP Renewables and French energy giant Engie. Bluepoint’s lease cost $765 million, while Golden State Wind will be eligible to recover approximately $120 million in lease fees, Interior said.

Interior Secretary Doug Burgum said companies were sold a product that was only viable when propped up by massive taxpayer subsidies when they bid for these offshore wind leases in 2022, under former President Joe Biden.

“Now that hardworking Americans are no longer footing the bill for expensive, unreliable, intermittent energy projects, companies are once again investing in affordable, reliable, secure energy infrastructure,” Burgum said in a statement. “We welcome each of the projects’ willingness to actually support baseload power and lower utility bills for American families.”

Bluepoint Wind and Golden State Wind were slated to be major offshore wind projects, each capable of powering more than 1 million homes when complete and helping the states of New Jersey, New York and California meet their clean energy goals. If the projects were to ever move forward, a developer would have to buy new leases. But under the Trump administration, the Bureau of Ocean Energy Management has rescinded all designated wind energy areas in federal waters.

Bluepoint Wind is a partnership between Ocean Winds and Global Infrastructure Partners. Global Infrastructure Partners, a part of investment giant BlackRock, has committed to invest up to $765 million into a U.S.-based liquefied natural gas facility. Interior said it would cancel the offshore wind lease and reimburse the company for the amount invested in the LNG project.

Golden State Wind is a joint venture by Ocean Winds and the Canada Pension Plan Investment Board. Under its agreement, Golden State Wind can recover about $120 million in lease fees after the same amount is invested in oil and gas assets, infrastructure or projects along the Gulf Coast, Interior said.

The companies said they appreciated the constructive engagement with the administration.

Michael Brown, CEO of Ocean Winds North America, said the deal provided “clarity” for the company and its investors. “Our priority remains disciplined capital allocation and delivering reliable energy solutions that create long-term value for ratepayers, partners and shareholders,” he said.

In his second term, Trump has gone all in on fossil fuelswhich he says will lower costs for families, increase reliability and help the U.S. maintain global leadership in artificial intelligence.

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McDermott reported from Providence, R.I.

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The Associated Press’ climate and environmental coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.

The Dictatorship

Man charged with attempted assassination of Trump in White House correspondents’ dinner shooting

Published

5 hours ago

April 28, 2026

Blue Light Newsroom

Man charged with attempted assassination of Trump in White House correspondents’ dinner shooting

WASHINGTON (AP) — The man who authorities say tried to storm the White House Correspondents’ Association dinner with guns and knives was charged Monday with the attempted assassination of President Donald Trump as federal authorities suggested an attack that disrupted one of Washington’s glitziest events had been planned for at least several weeks.

Cole Tomas Allen appeared in court to face federal charges after the chaotic encounter Saturday that resulted in shots being fired, Trump being hurried off the stage unharmed and guests ducking for cover underneath their tables. He was ordered to remain jailed pending additional court hearings, and faces up to life in prison if convicted of the assassination count alone.

An FBI affidavit filed in the case Monday revealed additional details about the planning behind the assault, with authorities alleging that Allen on April 6 reserved a room for himself at the Washington hotel where the event would be held weeks later under its typical tight security. He traveled by train cross-country from California last week, checking himself into the Washington Hilton one day before the dinner with a room reserved for the weekend.

The dinner had barely begun when officials say the 31-year-old Torrance, California, man tried to race past a security barricade near the cavernous ballroom holding hundreds of journalists and their guests, prompting an exchange of gunfire with Secret Service agents tasked with safeguarding the event. Allen carried with him a 12-gauge pump action shotgun he bought last year and a .38 caliber semi-automatic pistol he purchased in 2023, authorities said.

“Violence has no place in civic life,” acting Attorney General Todd Blanche said at a news conference. “It cannot and will not be used to disrupt democratic institutions or intimidate those who serve them, and it certainly cannot continue to be used against the president of the United States.”

He added: “We are investigating this matter fully, we will apply the law fairly and we will ensure that accountability is swift and certain.”

Allen was injured during the attack but was not shot. A Secret Service officer was shot but was wearing a bullet-resistant vest and survived, officials say.

Questions remain about how many shots Allen fired and how many officers discharged their weapons.

Blanche said investigators believe that a Secret Service agent fired five shots and that Allen discharged his shotgun at least once. But Blanche didn’t say whether authorities have confirmed it was Allen’s bullet that struck the agent in the vest, or whether any other officers used their weapons. Blanche said ballistics experts are still examining evidence to provide more clarity on those questions.

The Justice Department charged Allen with two additional firearms counts, including discharging a weapon during a crime of violence, but the affidavit does not allege that Allen was responsible for shooting the agent.

Suspect’s email sheds light on motive

The shooting resulted in the cancellation of the dinner, the first Trump had attended as president.

White House press secretary Karoline Leavitt on Monday said the night was supposed to be one of joy but instead was “hijacked by a crazed anti-Trump individual who traveled across the country to assassinate the president and as many administration officials as possible.”

Allen invoked his constitutional right to remain silent after his arrest, but authorities say an email he sent to family members and a former employer just before the attack helps shed light on a motive.

In the message, a copy of which was included in the affidavit, Allen referred to himself as a “Friendly Federal Assassin” and alluded obliquely to grievances over a range of Trump administration actions. The rambling text moves between confession, grievance and farewell, with Allen apologizing to family members, co-workers and even strangers he feared could be caught in the violence while at the same time seeking to explain the attack.

A magistrate judge granted a prosecutor’s request to keep Allen locked up pending additional hearings. A detention hearing is set for Thursday.

Allen did not speak at length during the quick appearance, as is customary. One of his lawyers, Tezira Abe, noted that he has no criminal record.

“He also is presumed innocent at this time,” she said.

Records reveal that Allen is a highly educated tutor and amateur video game developer. A social media profile for a man with the same name and a photo that appears to match that of the suspect show he worked part-time for the last six years at a company that offers admissions counseling and test preparation services to aspiring college students.

Voter registration records from California lists Allen’s home address as his parent’s house on a tree-lined street in one of the most historic neighborhoods in Torrance, a city within the Los Angeles metro area. No one answered the door Sunday when an Associated Press reporter knocked. By the afternoon, several people who appeared to be law enforcement agents were canvassing the neighborhood, with one wearing an FBI sweatshirt.

A yard sign displayed at the family home supported a local candidate for judge who was endorsed by the Los Angeles County Democratic Party. Federal campaign finance records show Cole Allen contributed $25 to a Democratic Party political action committee in support of Kamala Harris for president in 2024 and listed his employer as C2 Education, which said in a statement Monday that it was shocked to learn of the shooting and was cooperating with law enforcement.

Allen is registered to vote without a party affiliation in California and voted in the last three general elections, according to the Los Angeles County Registrar of Voters.

He earned a bachelor’s degree in 2017 in mechanical engineering from the California Institute of Technology in Pasadena, according to his profile on the social networking site LinkedIn. The small university is academically prestigious with a very low acceptance rate. He also listed his involvement there in a campus group that battled with Nerf guns and a Christian student fellowship.

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Associated Press writers Gary Fields and Collin Binkley in Washington, Michael R. Blood in Los Angeles and Amy Taxin in Torrance, California contributed to this report.

The Dictatorship

Who is Cole Tomas Allen?

Published

14 hours ago

April 28, 2026

Blue Light Newsroom

TORRANCE, Calif. (AP) — The California man arrested in the shooting at the White House Correspondents’ Association dinner is a highly educated tutor and amateur video game developer opposed to the policies of President Donald Trump.

Authorities say Cole Tomas Allen of Torrance, California, was taken into custody at the dinner Saturday night in Washington that was attended by Trump and top members of his administration. A social media profile for a man with the same name and a photo that appears to match that of the suspect show he worked part-time for the last six years at a company that offers admissions counseling and test preparation services to aspiring college students.

In a message sent to family members minutes before the attack, the 31-year-old the described himself as “Friendly Federal Assassin” and railed against recent actions taken by the U.S. government under Trump, though he did not name the Republican president directly, according to a copy obtained by The Associated Press.

The writings ran more than a thousand words and read as a rambling, deeply personal message, opening almost jarringly with a casual “hello everybody!” before shifting into apologies to family members, co-workers, fellow travelers and even strangers he feared could be caught in the violence. The note moved between confession, grievance and farewell, with Allen thanking people in his life even as he sought to explain the attack.

Elsewhere, the document veered between political anger, religious justifications and rebuttals to imagined critics, at times reading as if he were arguing with detractors in real time.

Authorities said Allen will face charges including using a firearm during a crime of violence and assault on a federal officer, as well as other potential counts. A search of state and federal court databases showed no indication Allen had ever previously been charged with a crime.

He signed the document using a moniker that matches social media accounts that have since been taken offline. A defunct account using the same name on the platform Bluesky reposted others who offered commentary critical of Trump as well as members of the media who attend the annual black-tie dinner.

The AP limits the use of attackers’ writings and social media posts to avoid amplifying their views or encouraging copycat actions. The AP chooses to summarize their words and focus mainly on the victims and investigations.

Allen was arrested Saturday night trying to rush past a security checkpoint with two firearms and knives. Law enforcement officials told the AP that Allen legally bought a .38-caliber semiautomatic pistol in October 2023 and a 12-gauge shotgun last year.

Canvassing the suspect’s neighborhood

Voter registration records from California lists Allen’s home address as his parent’s house on a tree-lined street in one of the most historic neighborhoods in Torrance, a city within the Los Angeles metro area. Public records show he is the oldest of four adult siblings, with two younger sisters and a brother.

Two cars were parked in the driveway Sunday morning. A blue scooter that a neighbor said Allen rode was on the front lawn. No one answered the door when an Associated Press reporter knocked. By the afternoon, several people who appeared to be law enforcement agents were canvassing the neighborhood, with one wearing an FBI sweatshirt.

A 2024 post on the C2’s Facebook page listed Allen as the company’s teacher of the month. The company did not immediately respond to an email seeking comment Saturday night and an office in Torrance was closed on Sunday.

Allen’s profile photo on LinkedIn shows him wearing a cap and gown when graduating with a master’s degree in computer science from California State University, Dominguez Hills. The photo appears to have been taken May 2025. Bin Tang, a computer science professor at the school, told the AP that Allen took a few of his classes.

“He was a very good student indeed, always sitting in the first row of my class, paying attention, and frequently emailing me with coursework questions. Soft-spoken, very polite, a good fellow. I am very shocked to see the news,” Tang wrote in an email.

The suspect’s father, Thomas Allen, is listed as an elder at Grace United Reformed Church Torrance. The webpage for the congregation describes it as a “Bible-believing church” following the “infallible Word of God.” Security guards posted at the sanctuary during worship services on Sunday escorted parishioners to the door and kept reporters at bay.

Allen also posted that he had developed a video game for the Steam platform based on molecular chemistry. A post under Allen’s name said he was working to develop a new “top-down shooter” combat game set in outer space.

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Biesecker and Tucker reported from Washington. Associated Press writers Michael Balsamo, Michael Kunzelman, Brian Slodysko and Byron Tau in Washington contributed to this report.