House Republicans have introduced H.R. 569, a bill aimed at restricting birthright citizenship, a long-debated hot-button issue. This legislative effort supports President Donald Trump's recent executive order, which seeks to restore constitutional law by ending the automatic granting of citizenship based solely on birthplace.
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The core of the debate centers on the original intent of the Fourteenth Amendment, which was primarily designed to secure citizenship for the children of freed slaves post-Civil War, ensuring their rights after the abolition of slavery. The amendment's language, "subject to the jurisdiction thereof," was meant to exclude those not fully under U.S. jurisdiction, like diplomats or foreign military members, from automatic citizenship. However, over time, this has been interpreted to include virtually anyone born on U.S. soil, leading to what many argue is an unintended and abused extension of citizenship.
In just one example, in Orange County, California, there's been a notable abuse of birthright citizenship through what's known as 'birth tourism.' Here, Chinese nationals have been flying into the U.S. with the explicit intent of giving birth, thereby securing U.S. citizenship for their children. Facilitating this practice are 'maternity hotels' or 'birth centers,' which cater specifically to these pregnant women, offering packages that include housing, medical care, and assistance with visa applications. These centers operate discreetly, often in upscale neighborhoods, helping women to navigate the system, sometimes coaching them to hide their pregnancy or lie about the purpose of their visit to obtain tourist visas. This exploitation has led to legal actions against operators of such centers in Orange County, highlighting the tension between the intended protections of the Fourteenth Amendment and its unintended use as a means to secure citizenship for economic or strategic gains.
There are 1.8 million U.S.-born children with two undocumented parents.
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The new bill, led by Texas GOP Representative Brian Babin, would amend the Immigration Nationality Act to grant citizenship only to children born to a U.S. citizen, a lawful permanent resident, or an immigrant with legal status serving in the military. This change would effectively end the practice of automatic citizenship for children born to undocumented immigrants or those on temporary visas.
President Trump and supporting lawmakers welcome the anticipated legal challenges, viewing them as an opportunity to bring the issue before the Supreme Court and view this as a necessary step to safeguard the sanctity of U.S. citizenship, ensuring it remains a "cornerstone of our national identity" that is "protected, respected," and not subject to what they consider systemic abuse.
