For years, liberals have tried to dupe the American people into believing that the Fourteenth Amendment requires us to hand out citizenship like Halloween candy to anyone born on U.S. soil, no matter their parents’ legal status. That may be about to change as the Supreme Court has announced that it will soon decide whether this dubious claim has any basis in reality, or whether it’s yet another left-wing legal fairytale masquerading as constitutional obligation.
More specifically, in Trump v. Washington, the Court will decide the legality of Executive Order 14160, which effectively ends birthright citizenship. Lower courts have blocked implementation of the order while the case proceeds. Oral arguments will begin in April. A decision is expected in June. But the liberal freakout is already underway.
The notoriously left-wing American Civil Liberties Union, for instance, blasted out a press release recently accusing the Trump administration of taking a “sledgehammer to the foundations of democracy” for issuing the order in the first place. Other activist groups responded with the calmness of a cat in a bathtub, saying Trump’s order is “reckless and ruthless,” a “grave threat to democracy,” and – my favorite – “puts newborns in harm’s way.”
To understand how we got here, you have to rewind to the moment President Trump put his hand on the Bible on Inauguration Day. Within hours, he signed EO 14160, stating that children of illegal aliens and short-term visa holders are not automatically entitled to U.S. citizenship under the Citizenship Clause of the Fourteenth Amendment.
Trump argued the order was needed to discourage illegal immigration and the booming international racket of “birth tourism,” in which pregnant women check into America like it’s a five-star maternity resort and check out with a U.S. passport for their children. The Center for Immigration Studies estimates that a stunning seven percent of all babies born in the United States are “anchor babies” born to illegal aliens – nearly 250,000 per year. Trump’s order would have shut down a practice that no other serious country would ever tolerate.
But, of course, Trump’s policy was never allowed to take effect. Activist judges issued injunctions before protestors could even finish printing their signs.
The administration appealed to the Supreme Court. As Solicitor General D. John Sauer argued, the Fourteenth Amendment’s Citizenship Clause was written to guarantee citizenship to freed slaves, not to the children of illegal aliens, birth tourists, and temporary visitors. “The plain text,” he noted, “requires more than mere birth on U.S. soil.”
At long last, the Supreme Court has agreed to decide whether that’s true.
The Fourteenth Amendment states explicitly: “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.”
The legal debate turns on that odd little phrase, “subject to the jurisdiction thereof.” For decades, the open-borders enthusiasts have insisted it simply means “born here.” That’s it. You could be a tourist, a foreign diplomat, a skydiver passing overhead when your parachute deploys – doesn’t matter. Touch U.S. soil on your way out of the womb, and congratulations, you’re an American citizen.
This interpretation has always been… what’s a polite word? Ridiculous.
Even the framers of the Fourteenth Amendment explained publicly that the clause applied only to people who were subject to “a full and complete jurisdiction on the part of the United States… that is to say, the same jurisdiction in extent and quality as applies to every citizen of the United States now.”
Of all the destructive, nation-erasing policies smuggled into our laws by bureaucratic improvisation, few can compete with so-called “birthright citizenship.” It is, quite literally, a system where every illegal alien can convert a plane ticket and a delivery room into a lifelong welfare gravy train paid for by the American taxpayer.
Once the child arrives, the cash spigot activates instantaneously. A host of benefits, subsidies, and services can now be accessed indefinitely “for the sake of the child,” while the parents send money back home to support the extended family and, in some cases, the entire foreign village that financed the trip. It is fraudulent, taxpayer-funded foreign aid disguised as maternity care.
But the consequences don’t stop at the Treasury. That same anchor baby is awarded full voting privileges upon turning 18 – instantly transforming illegal aliens and their descendants into one of the most powerful voting blocs in the United States.
As Trump advisor Stephen Miller recently noted, “Under ‘birthright citizenship,’ a terrorist and his terrorist wife can commit immigration fraud, come here as tourists, perpetrate a terrorist attack, give birth, and have an ‘American’ child.”
If you tried to design a citizenship system more incompatible with nationhood or common sense, you couldn’t do better than this.
Even Canada, that polite socialist utopia where raccoons have more rights than humans, doesn’t do this. Europe doesn’t do this. Japan would sooner give citizenship to Godzilla.
Now, thanks to the Supreme Court, the country will finally decide the only question that matters: Does the Fourteenth Amendment compel automatic birthright citizenship for children of illegal aliens, or does citizenship require more than having a pinky toe touching America’s magic soil?
Between now and June, brace yourself for six months of shrieking pundits predicting national collapse if the United States handles citizenship the same way as Britain, France, Germany, Japan, Australia, Israel, Switzerland, and every other advanced nation on Earth. Apparently, the real threat to democracy is doing the thing that all the other democracies do.
Trump’s argument isn’t radical at all. It’s not even new. In fact, it seems to be the original understanding of the people who wrote the amendment.
Ultimately, this isn’t a fight between two legal theories. It’s a fight between people who value citizenship as a sacred inheritance and people who treat it like a free sample at Whole Foods. For decades, the Left has hidden behind a made-up interpretation of the Fourteenth Amendment because they knew the real one would blow their entire mass migration project to pieces.
Now, for the first time in generations, the Supreme Court is forcing them to defend their fantasy in the daylight. And no amount of hyperventilating will change what the text actually says – or what its authors meant.
Mike Marlowe is the pen name of a writer based in Texas.
This dumb idea of illegals sneaking to America and then have a child who automatically becomes a US citizen has to stop. They do it to get a right to stay here and.because of the child that gets them all sorts of federal handouts. It just defies common sense but it has been proven democrats have no common sense.
Let us hope that the Supreme Court correctly interprets the clause of the 14th Amendment and it gets applied properly.
It should not be a right of illegal people
It’s about time. It’s hard to understand why this was never “fixed” when American politicians were not so divided.?.? Well, maybe it took the division to bring this tragedy to the forefront. We have to hope that the SCOTUS puts an end to this nonsense and starts bringing back common sense to America.
No other country has birthright citizenship. Our politicians just keep taking advantage of the American taxpayer. They lied about what it was meant for, like they lie about too many things. Our president is trying to set things right and I hope he does. Can’t even trust the Supreme Court now that we have judge KBJ who can’t provide a definition of a women. Unbelievable!!
Victory if done
Finally! Trump is doing what every single swamp republican president promised but didn’t fulfill. I really resent voting for the bush’s when compared to Trump’s actually doing what he promised. Every Republican in office or wanna be needs to follow Trump’s process. We are awake to the lies and won’t tolerate them anymore. I hope those given birthright citizenship since the beginning will be pulled from them.
This along with the Biden Open Floodgates should never have been a thing to begin with. We should now, and we always should have been focused on the American Citizens, the Tax Payers who unwillingly send money year after year, to these ungrateful Bureaucrats in Congress. They have found it all too easy to spend other peoples money. Some of the incredibly idiotic things they freely have given OUR money away to has literally left me speechless at times. They have used OUR money to buy favors for themselves, not to benefit the American Citizens.
This so called Birthright Citizenship thing was put in place once again to benefit themselves. Most of those same people have become multi Millionaires during their time spent supposedly representing us, translated as themselves. Yes, the Immigration System needs to be reformed, but not by those people. We desperately need to have us, the Citizens, the Tax Payers represented fairly for a change.
Birthright citizenship is illegal and the SC should rule it that way! All people with BRC for the past fifty years should be deported!
Being a naturalized citizen and coming to the United States with a legal visa as a permanent resident with a green card. We understood after being vetted and undergone a health screening and questioning at the American embassy in our home country, and before getting a visa, that the children would be American citizens as long as we lived and had a permanent address in the US. That was the part in the 14th amendment the democrats overlooked, denied, interpreted to their advantage. They have been trying that with first and second amendment as well. Freedom of speech is okay for them but not for anyone else. Remember the censoring of social media that was going on under Biden. And a lot of it is still going on today. We as legal immigrants had to register once a year where we were living. Under Reagan that was scrapped because the Gov had a large backlog of updating the files that they made it mandatory to call in the change of address when you moved. We always complied. When they changed the rules that all green cards had expired and we needed to get a new updated one at a cost of 250 dollars we did. When we applied for citizenship we had to list every address we ever lived at. Now like this article said you could fly over this country and be born, you are a citizen. These anchor babies never assimilate have any love for the country and therefore will not make her prosper. All these people still live with their heart in their home country and are grabbing the riches from this country and then go home. Are easily bought and manipulated to oppose this country. Even European allies are putting up hate signs about America. Because the Biden administration made this country into a global world without rules regulations or culture. They see the lawlessness that is going on here. Only the democrats don’t see it. They see voters or future voters. Hell there are special hospitals where these women can go to and have their language speaking drs and nurses. It’s an industry. Like the migrants the cartels drop off at the border. Nobody knows who they are. After all I have said when this amendment was discussed at the embassy in our home country before we came here we understood we had to be a resident of this country in order for the children we would have be a citizen. We also were told if we left the country longer than a year we would lose our green card and our permanent resident status. So how come a woman comes here has a baby and then goes home and that baby is a citizen. The jurisdiction thereof says it all. Maybe the wording should be a permanent resident thereof. It was never written to mean anything less. Like I have said before the dems can word many things to sound total opposite of what the majority of people read it or interpret it They have brainiacs sitting around finding words that could be interpreted two ways and here we are. This has to be for all time decided by judicial minds. And if they vote that these anchor babies have no legal right to citizenship they should be taken away as far back as this has been allowed. The dems scream Trump is overthrowing the constitution. No he is following it to the letter, the dems are undermining and tearing it down bit by bit every day.
The cost of ANCHOR BABIES is outrageous and it affects everything. In Luna County NM, the school district sends about 15 School Buses to the Mexico Border Crossing at Columbus NM to pick up the ANCHORS to take them to school in Deming NM because they are “INTITLED” to our education. This shit needs to STOP!!!
A correction to the title of this article. It should read “Supreme Court Weighs Ending Decades of Misinterpretation and Misapplication of Birthright Citizenship.”
The rest of the world basically operates on the basis that, if the mother is not under the jurisdiction of the country (i.e., illegal, diplomatic, or on a visa) the child retains the citizenship of the mother. The 14th Amendment was meant to transfer citizenship to Native Americas born on, say, jurisdictions such as the Navajo Nation, and to the children of slaves. No more, no less. Everything else is legal fiction.
Past time to end the bandaid fixed by useless politicians and formulate a clear and workable immigration policy.
Congress gets paid to look out for the interests of Citizens not to placate groups based on ideology or profits!!!
FIX IT NOW or get out!
I think all illegals need to be deported old young sick all to send a clear message use the ports of entry and follow the laws period
Methinks no other country in the world allows someone to come in, drop a kid and suddenly everyone in the FAMILY is an AMERICAN CITIZEN AND BEING ABLE TO TAP THE government titty for life……
The Supreme Court isnt “ending” birthright citizenship. There isnt one thing in our Constitution that grants birthright citizenship. There IS, however, a HUGE misinterpretation of the 14th Amendment, with most everyone overlooking one very important phrase, “… and subject to the jurisdiction thereof.” Illegals are not “subject to the jurisdiction” of our Constitution or the laws of our country. They have to follow the law, but, if they break our law, they should be deported because they are already in violation of our laws just by being here. And, no, they dont “have a right to due process.” They didnt follow due process when they entered our country illegally. Our Constitution doesn’t apply to illegals, at all. They are subject to the jurisdiction of the countries from which they came. When their children are born in the US, those children are subject to the jurisdiction of the country of their parents, NOT the US. When US citizens travel, if they happen to have a child overseas, that child doesn’t automatically become a citizen of that country. US citizen parents pass their US citizenship to their children born out of country, but they have to register the birth with the state department within a certain amount of time.
It is about time the insanity stops. This is crazy. And it of course has been exploited by many people for ages. The most recent incident that comes to mind is the illegal from Mexico on social media bragging about how much money he was making while sitting on his lazy ass because he had a baby born here, and encouraging other illegals to do the same thing. It’s why the Democrats want it to continue, so they can tell the illegals they should vote for them, as the Republicans don’t want them here and are about to end the gravy train they depend on. As usual, the bad apples have used and abused the system and have gamed it for years. It about time it ends!!!
I am hoping the Supreme Court considers not what Trump says, not what I say, not what all the whiners say. What does the original Writers of The 14th Amendment say? They said this pertains to Slaves and the Children of Slaves ONLY.
Isn’t it funny not haha how everything not going according to dems. agenda is a threat to democracy, they are such staunch defenders of it. They who want to defend the rights of illegal aliens and non citizens while trampling on the rights of those who keep their bread buttered , deliberately shirk the duties they and responsibilities they swore to perform, who encourage lawlessness and criminality for which they go unpunished, they dare to complain when there is a push back to their unlawful ways. They all belong in an unemployment line.There is no such thing as an automatic citizenship because the child happens to be born in the country where it does not belong legally. Mother’s country is the child’s country unless she is a legal immigrant.
If your mother is here illegally, she can spawn on the Capitol steps – you’re just as illegal. Anyone who’s read the speech introducing Amendment XIV and possessing even a room temperature IQ should understand that. Anchor babies give us wastes of skin like Arizona’s late, unlamented communist Ralph ;Raul’ Grijalva, elected to the House from Arizona but spent his career representing Sonora (and urging a boycott of Arizona).
It’s nothing but a scam that’s been going on for far too long. The progressive/democrats love it of course because it represents bought-and-paid-for votes for them. They couldn’t care less about the babies born, but love it because it provides an anchor for the parent who will forever be so grateful for greasing the wheels for them to come into the country. And, again, they’ll forever vote progressive/socialist/democrat.
I pray they make the decision to end it. It was originally established after the emancipation of the slaves so that they would be citizens when freed. Now, it is irrelevant and should be abolished.
Thank you Lord! Some sanity in the courts. The Democrats are going to have a coronary and fight it every inch of the way. That threatens their voter base. And they’re cheating is coming under and increased scrutiny and the radical left that they have turned their party over to are alienating more and more of the people in this country. There is hope!
When and IF the SCOTUS repairs its errors of 1898 and implements the correct and intended meaning of the misnomer “Birthright Citizenship” clause of the 14th Amendment of making freed slaves, born (past tense) or naturalized (past tense and requires a minimum in country existence) already existing on US soil and under the “jurisdiction of”, citizens. How can an unborn child have rights like “birthright citizenship” when they aren’t even legally a human person whereby elective (Roe) abortion, their murder, isn’t even a crime? Birthright citizenship states by its inherent meaning “a right held by the citizen birth parents who ARE recognized human persons and have HELD that privilege under the right LONG before the 14th Amendment (Article 2: only a natural-born citizen is eligible to the Presidency). Furthermore, the very next clause IN the 14th amendment negates an interpretation of a non-citizen privilege thereto by setting down: “No State shall make or enforce ANY law that abridges the privileges or immunities of citizens of the United States” including bestowing citizenship on a non-citizens child watering down or offsetting the citizens’ EVERY privilege and immunity. The only possible valid interpretation could be the INTENDED one: making whole the newly freed slaves (the 13th, 14th, and 15th amendments are ALL historically known as “Reconstruction Amendments” to DO just that and address the Civil War repercussions like any (no) “reparations” concerning emancipated slaves in the Constitution, or Leaders rebelling against the Constitution after have taken an oath to it, like the Southern States, ARE ineligible to any office under the United States (section 3). THE MORE CONCERNING DAMAGE is the existence of literally millions of false citizens voting in elections for the Democrat interpretations and benefits used to buy votes under the purposely MISINTERPRETED “Birthright Citizenship” (actually not) Clause, as that interpretation is INVALID, as should be the citizenship and voting “abridging” true citizen privileges and immunities, LIKE IMMUNITY FROM CORRUPT JUDGES FALSIFYING THE CONSTITUTION AND ABUSING CITIZENS AND THEIR BOUNDS (ARTICLE 6) AND OATH TO THE CONSTITUTION (ARTICLE 6, 14TH AMENDMENT) AND THEIR REQUIREMENT “TO HOLD” OFFICE, GOOD BEHAVIOR.
Senator Jacob Howard, the author of the Citizenship Clause in Section 1 of the 14th Amendment, and supported by Senator Lyman Trumbull, Chairman of the Senate Judiciary Committee, clearly stated that “subject to the jurisdiction thereof” meant “not owing allegiance to anybody else… subject to the complete jurisdiction of the United States”.
The 14th Amendment was ratified based on above interpretation of Section 1. Therefore, that is the correct interpretation of Section 1.
AMEN! We lived in Germany for 2.5 years, with my husband working as a US advisor/technician on US Air Force flight training centers on AF bases. We had to live off base, but had base privileges. After a bit over a year there, I got pregnant with my 2nd daughter, who was born 6 months before we returned to the US. She was given a German birth certificate, but since we were US citizens, she had the right at the age of 21 to designate which citizenship she wanted – she of course, choice US citizenship! She of course was allowed to come back to the states with us. I believe if a child is born here, and its parents HAVE to OR want to go back to their country of origin, the child should go with them, and perhaps when he/she is 21 wants to come back to the US, they could if they want to apply for their citizenship – the legal way!
Whenever an Illegal Alien is arrested We have to notify their Embassy. That settles, Jurisdiction.
If a baby born on USA soil of parent or parents of a country other than the USA, the baby is not a USA citizen. Seems pretty simple to me.
I agree with what the writer of this article says and what the originator said “It was for freed slaves originally” and NOTHING else. Only stupid people think it applies today. the rest of you can show up at the Supreme Court and applaud when they change this illegal act!
This topic always attracts the intelleculisms of the common people in this nation. Fun and informative to just read what others have to say.
Years ago I met a 20 year old “anchor baby” that was born in the U.S. by his migrant parents. He very openly admitted that he wanted to make money here and eventually live in Mexico later because he could live there so much cheaper. Surprisingly he would even criticize the U.S.. I had a hard time accepting that because we provided him with everything here to make him a success. This is why this insane policy must be changed. Too many people are using our laws, politicians and generosity to destroy us.
Birthright citizenship needs to end, it encourages illegal moms to break into the USA to just give birth and reap all kinds of benefits from the USA. No other country allows that, why should we.
Brilliant move from Trump…Brilliant.
Common sense tells you if the parents are citizens of another country and are illegally in our country, why should their children be US citizens just because they are born on American soil. Gone on far too long. We have members of US Congress that got here that way and were given a US citizenship.
Simple answer….two wrongs do not make a right. The illegal alien mother is a criminal. How can that possibly lead to calling her child a citizen just because she happens to be on U.S. soil?? I hope that is how the SCOTUS will rule. It would make our convoluted immigration a little less convoluted.
“Subject to the jurisdiction thereof”, is plain English. The Supreme Court has never been asked to do this before, and I do trust that these justices can read, and not even legalese. This is very plain. Soft hearted and ignorant citizens need to wake up and realize the motives of any politician who would argue in favor of “birthright” of any born to an illegal or temporary visitor to our land.Same for chain migration.
this was and is about freed slaves in the south not anyone else but as usual politicians use it for the wrong reasons. all politicians are traitors and thieves
Home run of an article Mike! The mental image of a cat in the bathtub is perfect! I will surely be praying for our Supreme Court as I am inclined to do anyway! I think, if we fix this extremely ridiculous loophole, a lot of others things will fall into place as well.
“Fourteenth Amendment’s Citizenship Clause was written to guarantee citizenship to freed slaves, not to the children of illegal aliens, birth tourists, and temporary visitors. “The plain text,” he noted, “requires more than mere birth on U.S. soil.”
I am NOT a STUPID Man, I Graduated in High School 1979, “B” Student in History and Knowing the “Bill of Rights / US Constitution”… I know that the 14th Amendment was
speaking of those that were considered “SLAVES” (Black Race) they were “BORN here
in the UNITED STATES and were Raised Up in SLAVERY but were Shown Mercy and
Grace by President Lincoln by giving “The Black Race” the Right to become American Citizens …
They weren’t given this RIGHT by “Sneaking” Across the Border, coming as a Tourist,
given a Work Visa, They were BORN and RAISED here as “SLAVES” “TAKEN” from their
Homeland and brought Here against their WILL and subjected to “Slave Traders” to be
Sold to White Masters.
That is WHAT the 14th Amendment is REFERRING to The Black Race, those that were Sold into Slavery that were Born and Raised here as Human Cargo to benefit others in Power and Wealth and Not about those that use that Misinterpreted passage for their Self Gain “Loophole”.
I Pray that “God Almighty” himself will Intervein upon these “Judges” that are Supposed
to be Wise and Knowledgeable about “Our US Constitution” after all they Studied Law, which is Why Most of Them should Know the TRUTH about OUR Amendments and Who
it is Referring To?
I am so ” Freaking Pissed Off ” that those that have Joined into Our Government are Not Monitored from DAY 1 to the Present, because All Politicians have too much Access to Sensitive Data & Materials, Tax Dollars, Classified Records, too Damned much Power that it’s Literally Disgusting and Absurd …
And the DNC PARTY is NO EXCEPTION to The Rule of Law. they are The Biggest Stain and Threat to this Nation and its Subjects (Citizens) ever in HISTORY. There is NO LIMITS to What this Party will Do to Have Their “AGENDA” Fulfilled. They Killed over 1000 Americans Republicans back in the 1800’s because they didn’t See Eye to Eye with them over Lincoln “Freeing” The Black Race.
And Look What They have Done in the Past 100 Years to the Present, Twisted Laws / Freed Criminals out of Federal Prison with Life Sentences due to COVID 19, Stolen Billions + out of Taxes for Ridiculous Schemes, Private Investments and Personal Properties. Killed those that Knew about their Evil Plans, but YET here they are as
Anti-Americans stirring up Mayhem / Division / Chaos / Riots / in Our Own Backyard
Using Those that Gullible and Naive that can be Manipulated and Dominated over the Rest of Us that Stand for what is RIGHT, that still have a Degree and Measure of Common Sense and Common Decency to Address the Things that are WRONG in Our
NATION / SOCIETY / COUNTRY / EDUCATION SYSTEM ….
It’s Really Sad to See how they have Brainwashed those in their Federal School System. to ‘BE’ “Worker Bees (Slaves) to Pay Dividends (Taxes) so They Can Live as Appointed
ROYALTY, its No Wonder the YOUTH of today have Given Up wanting to Work or hold Jobs that lead to No Where, they are Burned Out with No Hope of Ever Seeing What We Once Knew as “The American Dream” it’s been “STOLEN” by those in POWER & WEALTH, Self Seeking / Self Centered Dark Souls, they want it All and Now it’s Gone from Paying Taxes to “Federal Digital Dollar Currency” where Those in Power will be in
Control of Every Form of Created Income known to Man and if You Don’t Comply with their Mandated Rules and Law “They Simply Freeze Your Assets” and it will All be Controlled with and By “AI” …
Lord I hope so. But remember that the Supreme Court could uphold Birthright Citizenship. Then American taxpayers are screwed more. I am sick of paying for other spawn. Get a job in your own country. Work and pay for your own babies. That is my opinion on this matter.
well written
Where is the rest of the world on this? If my wife and I have a child born in Slabovia, does that make the child a citizen there? Or in France, England, Nigeria, Japan……is America the only nation that allows this? I don’t know, do you? Somewhere along the way there has to be a CLEAR answer to this so we can deal with the mess we have on out hands today because of immigration issues that won’t go away as long as we dicker over the legalities. NO one seems to have any kind of answer, and all we do is fight ourselves while the nation is bogged down and non-functional. C’mon people, get your common sense and reasonableness out of the closet and use them……..jeez
Some Journalist’s, can get very long winded?
The democrats argument that ending birthright citizenship “puts newborns in harm’s way” is a big joke considering that most democrats are in favor of abortion.
So a bunch of idiots just jumping on the bandwagon of what more FOX talking points since that’s all you guys know, can recall & only research & data you guys can point to. Do you even have a clue how much taxes immigrants pay, but can’t get any programs $89 Billion read it right BILLION in federal taxes, that’s more than half of the unemployed morons talking about “We needs to show em” what thst you don’t want to work, just money & complain like you seemed to work hard please your not even fooling half your base ????????????????
Trump has so many irons in the fire, most are not getting finished. Trump said he brokered ceasefire in Gaza & if Hamas did not disarm then we will disarm them and obliterate them so Hamas is still there and killing people. When will Hamas be disarmed?
If you are born in US, then your birth certificate should say just that. Are you suggesting that these children should have a falsified birth certificate & say they were never born or were born somewhere that Trump chooses to put on certificate. Get real & give these children a chance to live a good life!