BIRTHRIGHT CITIZENSHIP: Supreme Court Sides With Illegals
LIVE COVERAGE: The Supreme Court has ruled that the children of illegal aliens and foreign nationals born in the U.S. count as American citizens. Chief Justice John Roberts and Justice Amy Coney Barrett joined all the liberals in the decision. This page will be updated throughout the day with analysis and reaction. And be sure to click here to get my exclusive breaking news alerts delivered to your smart phone.
- Original intent of the 14th Amendment: Conservatives argue the amendment was adopted after the Civil War to guarantee citizenship to formerly enslaved Americans—not to provide automatic citizenship to children of people who entered or remained in the country unlawfully.
- “Subject to the jurisdiction thereof”: Many conservatives contend this constitutional phrase means complete political allegiance to the United States, and therefore does not automatically include everyone born on U.S. soil regardless of their parents’ legal status.
- Encourages illegal immigration: They argue that automatic citizenship for children born in the U.S. creates an incentive for people to enter or remain in the country illegally.
- Discourages “birth tourism”: Conservatives often criticize the practice of foreign nationals traveling to the U.S. specifically to give birth so their child acquires U.S. citizenship.
- Protects the rule of law: They argue immigration laws lose their effectiveness if individuals can obtain significant immigration benefits through unlawful entry.
- National sovereignty: Conservatives generally maintain that every nation has the right to determine who becomes a citizen and under what conditions.
- Citizenship should be earned: Many conservatives believe citizenship is a privilege that should come through legal immigration, naturalization, or by being born to American citizens or lawful permanent residents—not solely by place of birth.
- Reduces incentives for immigration fraud: They argue reforming birthright citizenship would reduce incentives to misuse tourist visas or other immigration pathways.
- Protects taxpayer resources: Some conservatives argue that reducing incentives for illegal immigration helps ease pressure on public schools, healthcare systems, and other taxpayer-funded services.
- Brings the U.S. closer to international norms: Conservatives often note that many developed nations have moved away from unrestricted birthright citizenship and instead require at least one parent to be a citizen or lawful permanent resident.
Constitutional argument frequently made by conservatives
Many conservatives point to the Citizenship Clause of the 14th Amendment:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States…”
They argue the central constitutional question is the meaning of the phrase “subject to the jurisdiction thereof.” Their position is that this language should be interpreted more narrowly than the prevailing legal interpretation adopted by most courts and legal scholars.
Policy proposals commonly supported by conservatives
- End automatic citizenship for children of people who entered the U.S. illegally.
- End automatic citizenship for children born to temporary visitors (such as tourists or some visa holders).
- Clarify the meaning of the 14th Amendment through legislation or a constitutional amendment.
- Strengthen border security and enforce existing immigration laws alongside citizenship reforms.
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