Yes, Nikki Haley is eligible to run for president | Fact Check

Hannah Hudnall, USA TODAY
·3 min read
103

The claim: Nikki Haley is ineligible for president because parents weren't born in the US

A Jan. 3 Instagram post (direct link, archive link) shared by the Gateway Pundit shows a picture of former South Carolina governor and 2024 presidential candidate Nikki Haley.

"Analysis: Legal scholar asserts U.S. Constitution disqualifies Nikki Haley from presidential or vice-presidential candidacy," reads the on-screen text.

The post's caption says Haley's parents weren't born in the U.S., which disqualifies her from presidential candidacy under the 12th Amendment.

The post garnered more than 10,000 likes in six days and was shared on Truth Social by former President Donald Trump. Similar versions of the claim were shared on Facebook, Instagram and X, formerly Twitter.

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Our rating: False

This is nonsense, contradicted by both the Constitution and U.S. history. Haley is eligible to be president because she was born in the U.S. and is therefore a natural-born U.S. citizen. Multiple previous presidents were children of immigrants.

No mention of parental citizenship in Constitution

Though Haley's parents were born in India and became U.S. citizens after she was born, Haley was born in Bamberg, South Carolina, according to The State, a South Carolina newspaper.

Experts told USA TODAY this fact is enough to make her eligible for the presidency.

Michael Morley and Mark Seidenfeld, both law professors at Florida State University with backgrounds in constitutional law, told USA TODAY the Constitution's natural-born citizenship requirement for the presidency only applies to the president, not their parents.

"Nikki Haley was born in South Carolina," Morley said in an email. "Pursuant to the 14th Amendment’s Citizenship Clause, she was therefore a citizen from birth and is accordingly eligible to serve as president. It does not matter where her parents were born."

American history proves this out as well. Several former presidents had parents who were immigrants, including Andrew Jackson, Woodrow Wilson, and, more recently, Barack Obama.

James Gardner, a law professor at the University at Buffalo, said via email the claim is "ridiculous" because there's no "parental requirement" for the presidency.

Fact check: False claim that Obama urged noncitizen immigrants to show up to polls

The 12th Amendment, which the Instagram post cites, discusses the process for electing the president and vice president, but it doesn't address citizenship requirements for either position.

Meanwhile, the 14th Amendment says all people born or naturalized in the U.S. are considered U.S. citizens. The only exceptions to this amendment are those who have an allegiance to a foreign country, such as foreign diplomats.

Article II of the Constitution states the president must be 35 years old, a U.S. citizen and a resident of the U.S. for at least 14 years.

USA TODAY reached out to the Gateway Pundit but did not immediately receive a response.

The Associated Press also debunked the claim.

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This article originally appeared on USA TODAY: Nikki Haley eligibility questioned in false claim ahead of GOP primary

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