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Opinion July 16, 2026

Supreme Court Sets Clear Path for Congress on Birthright Citizenship

Supreme Court Sets Clear Path for Congress on Birthright Citizenship

The debate over birthright citizenship has returned to the forefront of our national conversation, with recent events and court decisions making it clear that Congress can no longer ignore its responsibility to clarify our nation's citizenship laws.

While the Supreme Court reached its own conclusions in the case before it, Justice Brett Kavanaugh's separate opinion underscored an important point: Congress, not the executive branch, is the proper institution to address the scope of birthright citizenship through legislation.

A new federal law aims to restore the original understanding of the 14th Amendment by clarifying in federal law that automatic citizenship at birth applies only when at least one parent is a United States citizen or national, a lawful permanent resident residing in the United States, or a lawful immigrant serving on active duty in the United States Armed Forces.

This proposal is a steady, measured, and commonsense approach rooted in the rule of law. America's citizenship is among the greatest privileges our nation can bestow, and it should not be exploited through illegal immigration or birth tourism.

Roughly one in 10 births in the United States is to an illegal immigrant mother, according to estimates. Hundreds of thousands of expectant mothers enter the country illegally each year with the expectation of giving birth here.

Recent events in Texas demonstrate exactly why Congress must act. A hospital came under investigation after advertisements surfaced promoting "Birth Packages in South Texas" for foreign nationals, while investigators uncovered a birth tourism operation that allegedly helped facilitate the births of more than 1,000 children for Chinese nationals seeking to obtain U.S. citizenship for their children.

The consequences of our current interpretation of the 14th Amendment extend well beyond the delivery room. Birthright citizenship has become a magnet for illegal immigration, straining public resources and undermining confidence in an immigration system that Americans increasingly believe is neither fair nor secure.

Reasonable people can disagree about constitutional interpretation, but there should be broad agreement that Congress should not abdicate its legislative responsibilities. If lawmakers believe our citizenship laws no longer reflect the nation's interests or the original understanding of the 14th Amendment, then Congress should debate the issue openly and vote.

The Birthright Citizenship Act gives Congress the opportunity to restore integrity to our citizenship laws, eliminate incentives for illegal immigration, and reaffirm that American citizenship is a precious privilege, not an automatic entitlement available to anyone who crosses our borders.

The time for debate alone has passed. The time for action is now, and it is imperative that lawmakers take a stand to protect the nation's interests and the integrity of our citizenship laws.

For 250 years, justice, freedom, and liberty have sat at the helm of our great nation, a gift so many fought for that we are now enlisted to protect. An abdication of congressional authority when it comes to birthright citizenship is an abdication of the responsibility to protect not just our freedom but our children's.

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