After the Supreme Court ruled against President Donald Trump’s motion to restrict birthright citizenship on Tuesday, both chambers of Congress are overseeing legislation that would stop foreign travelers from coming to the United States to give birth to a child granted American citizen status.
In the upper chamber, Sen. Rick Scott, R-Fla., called on his colleagues to vote on his legislation, the SAFE KIDS Act, to address the gaps in U.S. surrogacy law.
“There has to be some value to American citizenship. We need to keep the rest of the world from exploiting our immigration system, and that includes letting adversarial nations like Communist China use surrogacy to do it,” Scott told the Daily Signal.
“We’ve already seen troubling cases of human trafficking and abuse linked to international surrogacy schemes, as our foreign adversaries prove willing to exploit every loophole they can to destroy us.”
In 2019, Immigration and Customs Enforcement arrested and charged a Chinese national, who later pleaded guilty to federal criminal charges, with running a “birth tourism” business that catered to wealthy pregnant clients and Chinese government officials. The business charged tens of thousands of dollars to help their children gain U.S. citizenship by being born in the United States.
In 2023 alone, the U.S. Center for Immigration Studies estimated that between 225,000 and 250,000 births stemmed directly from illegal immigration.
If enacted into law, Scott’s bill would create a misdemeanor for brokers who knowingly or recklessly facilitate a prohibited commercial surrogacy agreement with citizens from a foreign adversarial nation and invalidate any commercial surrogacy agreement that is entered into with a citizen of a foreign adversarial nation.
Sen. Dan Sullivan, R-Alaska, has co-sponsored the act
Other conservative senators are now advocating for different measures to crack down on birthright tourism, such as restoring the original meaning of the establishment clause in the 14th Amendment of the Constitution.
“The [Supreme] Court adopted an interpretation that departs from the original meaning of the Constitution and incentivizes illegal immigration,” Sen. Ted Cruz, R-Texas, wrote on X. “Congress retains the authority to clarify federal law, and it should act immediately to restore the original meaning of the Citizenship Clause and protect the integrity of American citizenship.”
In the House of Representatives, Rep. Chip Roy, R-Texas, outlined steps the chamber can take to overrule the court’s decision.
“First, define the phrase ‘subject to the jurisdiction thereof’ very specifically to make clear that citizenship is tied to the citizenship of the parent, not the soil,” Roy told the Daily Signal. “Second, completely restrict funding from DHS or any other agency or state that provides documentation and status to anyone not subject to the ‘jurisdiction thereof.’”
Rep. Andy Ogles, R-Tenn., introduced legislation that, if enacted, would lead to “no more anchor babies.”
“In response [to the decision], I have just introduced the ANCHORS AWAY Act, legislation that BANS all pregnant aliens from entering the USA,” Ogles wrote on X.
In the social media post, Ogles wrote that his motivation to introduce the legislation was because “foreigners are being born on our soil, groomed by communists and globalists, and embedded into our society.
“They are running for our political offices. They are collecting American benefits. And they are actively colonizing our country,” Ogles continued.
In a statement to the Daily Signal, Jeff Clark, vice president of litigation at the Oversight Project, endorsed the measures, adding that “Congress clearly has the power to restrict immigration flows to prevent birth tourism, which is designed to undermine, not support, the Constitution.”
Similarly, the Federation for American Immigration Reform told the Daily Signal that these congressional efforts are imperative for the protection of American citizens.
Chris Hajec, the organization’s Deputy General Counsel, told the Daily Signal that if “the Supreme Court will not protect us, perhaps the political branches will.”
“Due to the obvious national security implications of allowing foreign parents to gain U.S. citizenship for their children merely by giving birth here on tourist visas, FAIR is in general in favor of laws designed to curb this practice,” Hajec added.
His colleague, Director of Government Relations Joe Chatham, told the Daily Signal that “Citizenship is a sacred privilege, and it is incumbent on all of us to safeguard that right for generations to come,” and that “FAIR looks forward to reinforcing and expanding our efforts to put an end to illegal migration and to working with Congress to limit the disastrous effects of the Supreme Court’s ruling.”
Pedro Boccalato Rodriguez-Aparicio is a journalism fellow at the Daily Signal.
Reprinted with Permission from The Daily Signal – By Pedro Rodriguez
The opinions expressed by columnists are their own and do not necessarily represent the views of AMAC or AMAC Action.
Oh right, our do-nothing Congress which can’t pass the SAVE Act (or virtually anything else) is going to leap into action during the next four months and pass all of these other bills to get around yesterday’s Supreme Court birthright citizenship ruling.
And after they do that, they will convince a couple members of the Court to switch their opinions on this issue. I’m not holding my breath.
The Supreme Court ignored two prime examples of children born in the US who were NOT “subject to the jurisdiction thereof” and NOT granted “birthright citizenship”. Children born in the US to foreign diplomats serving in the US are NOT granted “birthright citizenship”. And at the time of the 14th Amendment, children born in the US to Native Americans did NOT receive “birthright citizenship” because they were NOT “subject to the jurisdiction” of the United States. Native Americans lived on their own reservations under their own forms of government and owed allegiance to their own various Indian nations that they were members of. Native Americans were foreigners residing within the United States. Every Native American born in the United States for over 50 years was NOT granted US citizenship. Without amending the US Constitution’s 14th Amendment, Congress passed the Indian Citizenship Act of 1924 that granted US “birthright citizenship” to Native Americans. If Congress can simply pass a law giving US “birthright citizenship”, it can also pass a simple law to deny US “birthright citizenship” to visiting foreign tourists and illegal aliens.
It’s too bad we don’t have a majority in congress to get some legislation through to correct these wrongs….wait…we do. Correction. Too bad we have so many RINO in congress who refuse to permanently fix these wrongs.
Good ideas so far. Now end dual citizenship and make it retroactive. Anyone who has not lived full time in the USA for the last 20 years has their citizenship revoked if they hold citizenship in another country.
Congress will not do anything about it. These people didn’t run for office to actually do something, just to have a cushy job with big retirement benefits. They can’t even pass the Sunshine Act to eliminate dayllight saving time.
RINO Roberts has once again CREATED a ruling based on pure imagination. Like Obamacare where he declared it a “tax” even though Barry’s proponents specifically said it was NOT a tax, now he has totally ignored reams of evidence that the 14th A had NOTHING to do with foreigners–it was for ONLY children of freed slaves! ACB is either ignorant or cowed by the threats of the DIMMs’ “Brown Shirts’ [the actual Nazis] who illegally harass her and her family! Cheers to Thomas, Alito, and Gorsuch who are reliably honoring the Constitution!
The [Supreme] Court adopted an interpretation that departs from the original meaning of the Constitution and incentivizes illegal immigration,” WHAT???
American citizenship should mean something to anyone that attains it. When you are born here and lived and worked here paid your taxes contributed to society. That means you are a citizen. Not born here on a Tuesday and flew home the next day and never set foot in this country again. Never contributed nothing. Then infiltrate our political system by running for the House, for governor, mayors and state legislature and destroy our country from within. See Omar, Tlaib et al. The person that just defeated Diane Degette for the dem House seat here in Colorado. Is not running for the people of Colorado. She is running on destroying our president. No matter if his name is Trump. As long as there is a Republican in the White House all their representatives and senatorial candidates will be running to take that Republican down. They don’t care about the people in their state. Only as long as they are illegals. Those who hate America just as much as they do. These progressive communists hate America. They hate every opponent that doesn’t go along with them. They talk about destroying Trump not about America. Only get rid of Trump. Till he is gone these young people who think communism is so great will then find out communism is losing freedom. Mamdani is finding out that govt grocery stores, free transportation won’t happen. Because he is losing his tax base by chasing homeowners and millionaires and now billionaires in the form of companies leaving NYC. But keep on voting you dems. My hope is that the independents and republicans find it in their heart to vote for a Republican in Colorado and other dem states. You have too will we save America as the land of the free, because of the brave. We are in a revolutionary war. It’s up to us to succeed and send these radicals back to the hole they crawled out of. Remember Soros has his tentacles everywhere.
It was a bad call by the Supreme Court which adopted an interpretation that departs from the original meaning of the Constitution. America’s sovereignty is in danger because of this ruling. Congress needs to act IMMEDIATELY to rectify this situation. I’m glad to see republicans taking action by introducing bills, but what are the chances that any of them will get passed and signed into law by Pres. Trump? I am less than confident considering what is happening with SAVE act. Will Thune and the RINOs oppose these bills, as well?
What?!?!? Congress…doing their job?? About time. SCOTUS is NOT the place to settle the issue of birthright citizenship.
misdemeanor?
Should be a felony with a minimal 10 year sentence, this cost us MILLIONS!
Thank you Congressman Ogles. This is a time for congress to regard the Sacredness of our citizenship, if they think its sacred! The court twisted itself in pretzels, to allow this practice of birth right citizenship. Especially for mothers who are here illegally, or to the ones who plan to ignore our sacred citizenship rules, like the communist from China.
Les pray that this is a non-partisant bill, and that the dim party will also support.
Worst supreme court decision of my life. Proof that the law is what the judge had for breakfast.
As a result of this ruling, any babies born at Olive garden are officially citizens of Italy.
CONgress “springing to action” is like a Sloth awakening from a slumber. They can’teven pass the SAVE Act, so how is this maneuver any different from anything else on their plates? CONgress is rife with DemoKKKRATS and RINOS that refuse to do ANYTHING meaningful to help secure the Republic. This inclueds that useless Thune! As long as they get their paychecks, perks, bennies, lobbyist payoffs and insider stock tips everything is fine with them. American Republican voters bettter vote inrecord numbers in November and help President Trump drain the DC Swamp!!
If we didn’t have so many people who actually hate America living here, this would not be an issue. Anyone who cares about this country and its sovereignty would WANT the birthright amendment to state that babies of illegal immigrants are NOT legal citizens. When we really needed Roberts to act in our country’s interest, he let us down again! Remember the O’Bama Care debacle???? We see now what a failure that was!!! I hope that Congress will make birthright citizenship VERY difficult to obtain and it should not be just a misdemeanor either. Of course getting it passed will be nearly impossible because of all of the America-haters want open borders, crime, death, no laws and squalor to come to this country so that we too are a third world country.
Whatever legislation is proposed to rectify the recent catastrophe from the SCOTUS, it needs to be retroactive so as to eliminate the million or so CCP babies waiting to re-enter our country and vote!!
we Have the most inadequate useless vacation abusing Congress working in the name of democracy while favoring any other country but America!
Promethean Updates on YouTube
So NOW the “conservatives” are going to crackdown on the birth tourism operations? Why has this not been happening before. The birth tourism business has been known about for years. Oh, that’s right. Nothing happens until something is declared a crisis!! Thank you, President Trump, for making this crisis a crisis.
The Rinos in the Republican Party are cut from the same cloth as was Benedict Arnold. Traitors all!
Our do-Nothing Republicans in Congress will take real action when my 800 pound Dexter bull starts flying around his 10 acre pasture. We need a little less talk and a lot more action, as the late great Toby Keith put it.
A MISDEMEANOR??? Are you kidding me?!!
A misdemeanor for those that run the tourism births! What a joke.
Worthess legacy o George W. Bush continues through John Roberts, from Obamacare to birth citizenship now. After destabilizing the Middle East and unleashing massive Muslim migration to Europe and US, now we deal with worthless turncoat Roberts.
It is about time that the far left factions of this country get schooled on our HISTORY!!!!! We do not need to pay allegiance to STALIN,LENIN,HITLER,MAUO,MUSOLINI,CASTRO for any government guidance. If the children of today are complaining about changing the way government is run,I say GET A JOB!!!! RAISE A FAMILY!! DO SOMETHING MEANINGFUL WITH YOUR LIFE,BESIDES COMPLAIN ABOUT THINGS NOT GOING YOUR WAY!! LEARN TO TAKE CARE OF PEOPLE WHO ARE DIFFERENT FROM YOU!! THE MEDICAL FIELD NEEDS NURSES BADLY!!BECOME A TEACHER!! BUT FOR GOD’S SAKE STOP COMPLAINING ABOUT THE NEED FOR CHANGE AND YOU WILL DO IT BY HOPE AND CHANGE!! HOW DID OBAMA DO????? MAGA MAGA MAGA
What Chief Justice John Roberts did to this country in helping the Obama Administration’s argument over the Obamacare case, by taking upon himself to change their oral argument – Administration said it was NOT a tax, Roberts said it is a tax. That distinction ultimately enabled Obamacare to pass, which forced the entire country into that disastrous medical system, even after Obama himself repeatedly lied to the country about that entire system. Fast forward to today, Roberts is still proving very poor judgment regarding both birth-right citizenship and mail-in ballots. He is NOT serving the best interest(s) of this country! He IS an “Activist Judge”! Justice Amy Coney Barrett is also quickly becoming an “Activist” and is becoming a very disappointing appointment to the highest court in the land.
I was raised being told that this country was led by three “CO-EQUAL” branches of government. This is laid out by Articles 1, 2, and 3 of our U.S. Constitution. What is happening now proves that the Federal Courts (all throughout the land) have ultimate say on how our country is “ruled” (not led). They rule over the two other branches of government, what the SCOTUS says goes. They run rough shot over the Article Two powers and congress (Article 1) does very little to rein-in what is supposed to be the third “Co-Equal” branch of government.
As Rep. Scott stated, “there is value to American citizenship”. Then let’s make it more than a “misdemeanor” because most people won’t be bothered by that, but make it a felony and now its a different story.
If your pregnant, no visa.
This does not address the issue of the babies already here that were born to illegals. If neither parent is an American, the babies should not be citizens. Birthright citizenship was created when immigrants were brought here as slaves or against their will. Slavery has been gone and any illegal immigrant child born here now, was/is here illegally, thanks to their parents. They should not have citizenship, and if they do, they should not allow parents to become citizens because they were here illegally.
Not just adversarial nations but anybody who comes here to give birth for citizenship.
I dunno. Not being a lawyer, or a politician, or a “foreign national”, or an anchor baby, or an anchor baby Mommie or Daddy, or any other way involved here (other than being a TAX PAYER!), it seems to me that the 14th amendment needs some ‘work’, Rephrasing, or rewording, rewriting the part about ‘being born here’ should be looked at because it seems to my grouchy ol’ mans understanding, just being born here is enough to satisfy the requirements indicated.
The SCOTUS is OBLIGATED to make decisions based on the Constitution, NO PLACE ELSE (!), and the 14th amendment is pretty clear, IMHO.
As much as things need “changing:, ya just cain’t wish it away…
Thank God for Republican leaders like Scott. Ogles, Roy, and all involved! After our President blasted the SCOTUS’ idiotic decision, thanks to Roberts and Comey, he called on Congress to act instead.
Our President stated, “No long and unwieldy Constitutional Amendment is necessary! Congress should start TODAY to work on ending expensive and unfair decision to our Country, and he them assured them that they would have his “Complete and Total Support!”. Despite this setback, ICE is moving full speed ahead on interior enforcement, signaling that deportations and arrests will remain a central focus of Trump’s second-term immigration strategy.
I sincerely hope that they stop all incoming visas to temporarily halt any and all foreigners who think they can zip into America, give birth and have instant US citizenship for that newborn, further taking advantage of American citizens! I believe that DHS will be involved in stopping incoming pregnant non-citizens into the USA.
The ones who take advantage of this aren’t limited to those in neighboring countries, in fact it’s more of those from our enemies such as China, who’ve been taking advantage of this. No matter where they come from, we’re the ONLY country that allows this and it’s UNFAIR to American CITIZENS!
The Supreme Court decision is very, very disappointing to me, I HAVE LOST RESPECT FOR IT AND IT’S JUDGES.
What do we expect from a supreme court which has two members that should play “aunt B” on the Andy Griffith show and one who is closer to the Olduval gorge than we’ve been
told.
Nothing will happen in Congress because Republicans can’t get together on anything. They would rather argue with each other and spend their time posturing rather than governing. This is why they lose elections and why Communists are rising. People should be worried and Republicans need to worry about the American people and not their egos. Show Americans why this is still the greatest country in the world and why conservatism is the best way to secure the future before it is too late!
The first thing I thought of after the disgraceful birthright ruling was no pregnant women from foreign countries allowed to visit America. If they can’t get a doctor to prove they’re not pregnant then deny their visa no matter what the visa’s for. Any high schooler with a good education, assuming it’s not from a dumbed down public school, could see that the 14th Amendment was not meant for foreigners. Heck, the justices even have access to the statements of those who supported it to understand foreigners were not included. Disgraceful.
Not just America First but AMERICANS FIRST!
PREVENT ANY WOMAN MORE THAN 6 MONTH PREGENT FROM ENTERING THE us AN A VISA OR ANY FORM OF ENTRY
This bill makes sense to stop pregnant women from entering the USA to just have baby born here. But I do not agree with Trump and his goal to get rid of 14th amendment . And yesterday, he said that Congress can easily pass bill to do this?
Now the parents are not given citizenship, correct? So at least to minimize the impact don’t let the parents stay. They can either leave their citizen child with someone in the US or return home with their US citizen child who can move here when they grow up.
This at least buys time stop this madness.
This is going to result in ALL TALK AND NO ACTION, just like everything else in Congress for many years now.
Don’t hold your breath waiting on Cantgress.
All they do is talk the big talk. There’s a handful of congressmen and congresswomen who try to do their job. They’re not going to pass s~~t. If the SAVE ACT can’t be passed do you really think they’ll reverse birthright citizenship? Do you think they’ll reverse mail in ballots? Do you think we’ll ever have a 1 day vote and all counted on the same day? Our government is not for We the People. Shame on all of them.
I would sheepishly like to point out that in the midst of the communistic- oh! Uh…DSA- rise in New York City has shined a big ol’ light on the FACT that they are ‘EATING their OWN’. In PUBLIC, out LOUD. Take Dan Goldman for a very good example. G O N E. He was a very strong debater in congressional hearings. Although I don’t agree with anything he ever spewed from his lips (ewww), he could articulate the Dumocrat talking points for anyone watching to see. Too bad we don’t have many like that who are patriotic Republicans. Anyway the point is: they crushed him themselves. Anyone on their side of the aisle who thinks they ain’t gonna be censored, jailed, worse, right beside the REST OF US when ‘they’ come back to ‘power’ is totally and completely out of their indoctrinated mind. ????????
Congress needs to get their butt in gear, more specifically the Senate. It’s time they had a normal work calendar without regular long weekends and a month off in August. While they are at it they need to boot Thune and revamp all of the crazy Senate rules that create this logjam.
ALL AMERICAN reps in congress BETTER vote on this now!
if not resign and do not force TAXPAYERS to subsidize ILLEGAL ALIENS!
I’ve got to wonder if the Court decision was made with the idea that this was a job (for Superman?) that belonged to Congress in the first place? I mean I was expecting a 5 to 4 decision but I thought it would go the other way!
The Congress is a farce, it needs to be revamped, maybe this country needs a REVOLUTION. It certainly looks like it has been heading that way for a goo while now.
Didn’t see any Democrats mentioned in this article. Figures!!!!!
Seeds for Dems to take over DC etc alone ahead