Republicans Plan to Challenge Birthright Citizenship
Senator Jim Banks (R-Ind.) has outlined a strategy for Republicans and the Trump administration to eliminate birthright citizenship for U.S.-born children of undocumented immigrants and foreign visitors. This comes in light of a recent Supreme Court decision that went against the Trump administration.
Last month, the Supreme Court made a narrow 5-4 ruling stating that President Trump’s executive order aimed at ending birthright citizenship for children of illegal aliens—often dubbed “anchor babies”—is contrary to the 14th Amendment.
Justice Brett Kavanaugh, part of the majority opinion, mentioned that while the order does not breach the 14th Amendment itself, it conflicts with current federal law, which could be modified through new legislation.
“Congress could amend Section 1401(a) or introduce new laws under the Fourteenth Amendment to create exceptions to birthright citizenship for those born to illegal or temporary residents,” Kavanaugh noted. However, he pointed out that Congress hasn’t taken any actions to do so.
Now, Banks is preparing to push Congress to officially eliminate birthright citizenship for these children by asserting that the United States is facing an invasion of illegal aliens. He referenced Article 1 of the Constitution to emphasize that Congress has authority over naturalization regulations.
By categorizing illegal aliens as foreign invaders under what is termed the Banks Act, children born to these individuals would be stripped of their right to birthright citizenship.
Banks expressed strong criticism of the Supreme Court’s decision, describing it as an unprecedented attack on American sovereignty. “We must take steps to protect our country,” he asserted. “I am spearheading legislation to counter the effects of this significant ruling and to prevent the ongoing abuse of our immigration system by millions of illegal entrants.”
Each year, about 250,000 children of undocumented immigrants and foreign tourists are born in the United States.
