President Trump Comments on Supreme Court’s Birthright Citizenship Ruling
President Donald Trump has weighed in on the Supreme Court’s recent 5-4 decision that maintains birthright citizenship. He hinted that there might be potential Congressional response to the ruling. Mark Smith, a former aide during the presidential transition and constitutional attorney, explained that the 14th Amendment guarantees citizenship to anyone born in the U.S., regardless of their parents’ immigration status. He suggested that bolstered border enforcement during Trump’s presidency might help address issues related to “birth tourism.”
In an interesting twist, the Supreme Court rejected Trump’s interpretation of “inherent citizenship.” Meanwhile, a Republican senator has been vocal about amending the 14th Amendment, specifically addressing citizenship for children born to foreign diplomats. Senator Eric Schmidt (R-Missouri) stated, “The 14th Amendment grants U.S. citizenship to anyone born in the United States ‘subject to the jurisdiction of the United States.'” He recently sent a letter to both Secretary of State Marco Rubio and Secretary of Homeland Security Mark Wayne Mullin.
Schmidt elaborated that for over a century, statutes and case law acknowledge that children of diplomats born in the U.S. are “exempt from regulation,” meaning they do not receive citizenship automatically.
He claimed that the ruling in Trump v. Barbara unfairly extended citizenship to children of undocumented parents while simultaneously recognizing that diplomatic offspring do not qualify for birthright citizenship.
Schmidt’s communication urges the State Department and DHS to “investigate the illegal granting of citizenship documents to children of foreign diplomats” and to implement measures to prevent similar situations in the future. This request follows recent attempts to introduce the U.S. Citizenship Act, aiming to restrict birthright citizenship to only children of U.S. citizens and lawful permanent residents.
“SCOTUS got birthright citizenship dangerously wrong,” Schmidt stated. “I am introducing the American Citizenship Act to help return to the original meaning of the 14th Amendment.” He pointed out that his proposal aims to limit birthright citizenship to those who come to the U.S. legally.
On June 30, the Supreme Court ruled in Trump v. Barbara that children born to parents residing in the U.S. illegally or temporarily are considered citizens at birth. This decision halted Trump’s executive order aimed at denying citizenship to such children.
Schmidt’s intent with his bill is to revive discussions within Congress on this sensitive topic.
“American citizenship is sacred, and our nation is defined by the values our predecessors fought to secure,” he remarked. “However, the Supreme Court’s ruling last month lessens the essence of citizenship by extending it to children of illegal and temporary residents.” Schmidt firmly believes this interpretation strays away from the original intent of the 14th Amendment.
His latest letter specifically addresses the children of diplomats. Historically, federal policies have viewed these children as outside the guarantees of the Fourteenth Amendment because their parents aren’t fully subject to U.S. jurisdiction.
According to U.S. Citizenship and Immigration Services (USCIS), while these children can be registered as lawful permanent residents, they do not acquire automatic citizenship at birth. Schmidt contended that despite this, children of diplomats manage to obtain various documents that could be misused to claim U.S. citizenship. His letter raised concerns about the lack of proper safeguards in the issuance of citizenship documents for newborns whose parents are foreign diplomats.
Schmidt argued that the unauthorized use of citizenship documents by children of diplomats undermines the concept of American citizenship and poses risks to national security. His letter emphasized the necessity for both the State and Homeland Security Departments to conduct a thorough investigation into what he described as improper documentation practices, identify individuals who received such documents, and revoke them where necessary. He noted that there could be a significant number of children from diplomatic backgrounds holding invalid citizenship records.
As chair of the Senate Judiciary Subcommittee on the Constitution, Schmidt has made birthright citizenship a priority since the Supreme Court’s decision. He previously indicated a desire to amend the constitution and has supported President Trump’s efforts regarding birthright citizenship.
On the other hand, civil liberties organizations, including the ACLU, are strongly opposed to any moves aimed at limiting birthright citizenship. They argue that the 14th Amendment guarantees this right to all children born in the U.S. and that no presidential action can override this constitutional protection.
However, Schmidt believes that the recent court ruling lends weight to Congress’s case for change.
He concluded by stating that he introduced the American Citizenship Act as a means of returning to the foundational understanding of citizenship and honoring the sacrifices of patriots who have fought for the principles of American citizenship.
The White House has not yet responded to requests for comment regarding this ongoing discussion.
