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Senate Republicans introduce bill to reform birthright citizenship, following Trump’s controversial order

Senate Republicans introduce bill to reform birthright citizenship, following Trump’s controversial order



Birthright Citizenship Debate Continues in U.S. Congress

Birthright Citizenship Debate Continues in U.S. Congress

In a significant move that echoes former President Donald Trump’s controversial stance, a group of Senate Republicans has introduced the “Birthright Citizenship Act of 2025”. This legislation aims to reform the current U.S. citizenship laws regarding children born on American soil to parents who are in the country illegally or on temporary visas.

Understanding the Bill’s Implications

The bill, spearheaded by Republican Senators Lindsey Graham of South Carolina, Katie Britt of Alabama, and Ted Cruz of Texas, proposes to terminate the automatic granting of citizenship to children born in the U.S. to parents who lack legal immigration status. The initiative, introduced on January 31, 2025, aims to address what its sponsors describe as “one of the biggest magnets for illegal immigration.”

As highlighted by the sponsors, the bill seeks to bolster national security by eliminating potential motivations for illegal immigration. They assert that current laws make the U.S. an attractive destination for non-citizens seeking citizenship for their children through birthright.

The Numbers Behind Birth Tourism

The implications of this legislation are significant considering existing data. According to the Center for Immigration Studies (CIS), there are approximately 33,000 births annually to women in the U.S. on tourist visas, alongside hundreds of thousands of births to illegal immigrants and those on temporary visas. This statistic underlines the practice of “birth tourism,” where wealthy foreigners, particularly from countries like China, come to the U.S. to give birth to children who would obtain American citizenship automatically.

The Senate’s Committee on Homeland Security and Governmental Affairs reported the presence of multiple birth tourism agencies in the U.S., including a company named “Miami Mama,” which catered to affluent Russian clients. Senator Graham calls for immediate policy changes, stating that the current situation is being “abused in so many ways.”

Constitutional Considerations and 14th Amendment Interpretation

At the heart of the debate lies the 14th Amendment, which confers citizenship to “all persons born or naturalized in the United States.” Critics of the bill argue that this amendment must be interpreted to include all individuals born on U.S. soil. However, Graham and his colleagues contend that the clause “subject to the jurisdiction thereof” means that not all births confer citizenship — a distinction they believe should be legally clarified.

Under the “Birthright Citizenship Act of 2025,” at least one parent of a child born in the U.S. would need to be a U.S. citizen, a legal permanent resident, or a legal immigrant actively serving in the military to confer citizenship to the child. This bill explicitly states that it will not affect the citizenship of individuals born prior to its enactment.

Political Reactions and Future Implications

The proposed legislation comes on the heels of Trump’s executive order titled “Protecting the Meaning and Value of American Citizenship.” Executed on his first day in office, the order aimed to prevent the recognition of citizenship for children born to illegal immigrants, though it has since faced legal challenges that currently inhibit its enforcement.

Experts like Hans von Spakovsky, a senior legal fellow at the Heritage Foundation, suggest that if the issue were to reach the Supreme Court, the court may ultimately favor the interpretation proposed by the bill. He argues that the legislation is not an attempt to amend the 14th Amendment but rather a clarification of its existing language and intent.

Echoing similar sentiments, Senator Britt emphasized the need to end the misuse of birthright citizenship, stating that the current law has incentivized illegal migration for too long. She believes this legislation could strengthen American citizenship practices while aligning them more closely with those of other nations.

Conclusion: A Deepening Divide

The push for the “Birthright Citizenship Act of 2025” highlights the ongoing tensions surrounding immigration policy in the United States. As Congress continues to grapple with issues of legality, citizenship, and national identity, this legislation could potentially reshape the landscape of American immigration law for generations to come. Whether this bill will gain enough traction to become law remains to be seen, but its implications are already sparking significant debate across the political spectrum.

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