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ANALYSIS

The GOP is mobilizing to eliminate birthright citizenship: Trump asks SCOTUS to review the case, and conservatives introduce a bill in the House to codify the president’s executive order

Trump claims a “pull factor” is taking effect and that cartels and human traffickers are already offering to smuggle pregnant women across the border illegally for as little as $4,000. The new rule takes into account the Supreme Court’s objections and represents “the most feasible path for conservatives to actually stop birth tourism and restore the proper meaning of American citizenship.”

Families with migrant children wait near the southern border

Families with migrant children wait near the southern borderAFP

Israel Duro
Published by

The Supreme Court’s ruling reaffirming the right to U.S. citizenship for those born in the U.S. has not been the final battle in the open war sparked by Donald Trump’s executive order. The Republican Party, led by the president, has launched an offensive aimed at overturning the Supreme Court’s ruling.

While Trump, spearheading the effort, demanded that the nine Supreme Court justices review the case again, Representative John McGuire III (a Republican from Virginia) introduced the Birthright Citizenship Clarification Act on Thursday on Capitol Hill to codify President Trump’s executive order.

The president himself fired the first salvo with a belligerent post on his Truth Social account in which he announced that he would ask the Supreme Court to review the case, claiming it has caused a dangerous pull factor and that cartels and human traffickers have already begun seeking business through illegal crossings “starting at $4,000”:

“Signs and Billboards are being put up all over our Southern Border, and Mexico, advertising BIRTHRIGHT CITIZENSHIP, with “Deliveries starting at $4000.” Likewise, similar signs going up all over our Country. Billions of Dollars will be illegally made by this SCAM, with Citizenship going to anyone willing to pay. It will be, by far, the number one way of becoming a citizen, and then the entire family will be allowed to follow. Not sustainable. NOBODY SAW THIS COMING!!! AMERICAN CITIZENSHIP IS NOT FOR SALE! In fact, that is a crime, and therefore, the Supreme Court’s ruling is wrong. I will be asking for a Rehearing by the United States Supreme Court, IMMEDIATELY. This miscarriage of justice will destroy America if they don’t change their absolutely insane decision."

"American citizenship is a privilege, and an honor that must be protected"

For his part, the legislation introduced by McGuire seeks to amend Section 301(a) of the Immigration and Nationality Act (8 U.S.C. 1401(a)), which establishes that any person born in the United States and subject to its jurisdiction automatically acquires U.S. citizenship at birth.

The new bill from the Virginia congressman, however, does not provide for the automatic granting of citizenship to the children of a mother who is in the U.S. without legal status and whose father is not already a citizen.

Furthermore, McGuire’s proposal would also not grant citizenship to children of a mother with temporary legal residence and a non-citizen father. Other exceptions would include those born on a foreign vessel or the children of foreign government officials.

“American citizenship is a privilege, and an honor that must be protected. For too long, foreign nationals have exploited the process of birthright citizenship through loopholes like birth tourism, devaluing what it means to be an American,” McGuire noted in a statement.

The Institute for Legislative Analysis cooperated with and endorses the proposal

In statements to news outlet, The Hill, the president of the Institute for Legislative Analysis, Fred McGrath, confirmed that he participated in drafting the legislation and expressed confidence that it will meet constitutional requirements if it faces legal challenges that reach the Supreme Court.

In fact, as the Institute’s executive director, Ryan McGowan, explained to the newspaper, the court’s objections were taken into account when drafting the new proposal:

“This bill was carefully crafted to follow the instructions provided by Justice Kavanaugh while still implementing every goal President Trump sought in his executive order. Calls to fix this crisis through a constitutional amendment do not acknowledge political reality. This bill represents the most feasible path for conservatives to actually stop birth tourism and restore the proper meaning of American citizenship."

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