However Supreme Court Rules on Birthright Citizenship, Congress will have to act.

The current practice of granting automatic citizenship to every child born to a tourist or unauthorized alien is not sustainable — and not compatible with the age of modern travel. Every other developed nation – aside from Canada – has moved on from it.

The President attended oral arguments at the Supreme Court on Wednesday–the first sitting president to do so. It was a sign of how consequential this issue has become.

A Giant Loophole

In 2023, nearly one out of every ten babies (9%) born in the United States had a mother who was in the country temporarily or unlawfully. (Pew)

That amounts to roughly a quarter of a million births each year–children born to non-citizens who now, thanks to this loophole, have access to all of America’s rights, privileges and resources.

We just went through the largest wave of illegal immigration in history. Unless the law changes, the current practice will reward millions who defied our immigration laws with a U.S. citizen child who can one day vote in our elections and start new chains of immigration, including their parents.

Legislation Will Be Required

The Supreme Court is expected to rule this summer on whether the president has the authority to reform the practice. Three outcomes are possible — and Congress will have to act in all of them:

• If the Court rules that automatic citizenship is guaranteed by the 14th Amendment in all cases, Congress will have to pass legislation — and possibly a Constitutional amendment — to close the loophole permanently.
• If the Court rules that the Executive Branch has that authority, any reform could be reversed by a future administration–unless Congress acts.
• The Court could also determine that it is the Legislative Branch’s responsibility to settle the question.

Here are the Representatives and Senators who have already signed up for the job.

82 Representatives have cosponsored Rep. Brian Babin’s Birthright Citizenship Act in the House — more than double the last Congress.

In the Senate, a record 8 Senators have cosponsored Sen. Lindsey Graham’s Birthright Citizenship Act.

All told, 95 Members of Congress support limiting birthright citizenship
But over 150 have taken action to keep the birthright loophole open!

As our grade cards indicate, we need more Members to step up.