WASHINGTON – In line with President Donald Trump’s executive order to end birthright citizenship, House Republicans revealed Thursday legislation this would change federal immigration law to narrow the scope of citizenship, even though the right is enshrined in the U.S. Constitution.
We’ve already seen Trump’s executive order on Monday tough legal challenges from Democratic state attorneys general and the ACLU, presenting oral arguments in a multistate case that will begin Thursday in federal court in Washington state.
The originator of the House of Representatives bill, HR569Texas GOP Rep. Brian Babin said he welcomes legal challenges to Trump’s executive order and bill.
“We appreciate and want the challenge of this,” he said. “So we can take this case to the United States Supreme Court. The case could take up to three years to go to the Supreme Court and see how they (rule).”
Arizona Republican Andy Biggs, who was also at the press conference, said that despite Supreme Court case of 1898 who upheld the right to citizenship by birth as enshrined in the 14th Amendment, believes the GOP bill will be upheld in the courts.
Other Republicans at the press event included Reps. Mike Collins of Georgia, Diana Harshbarger of Tennessee, Brandon Gill of Texas, John Rose of Tennessee, Tom Tiffany of Wisconsin and Ralph Norman of South Carolina.
“Ultimately, I believe, I predict and I project that when this case reaches the United States Supreme Court, the United States Supreme Court will rule that this particular piece of legislation is constitutional,” Biggs said.
Trump appointed one-third of the Supreme Court, strengthening the 6-3 conservative majority.
The Supreme Court in 1898 upheld the 14th Amendment’s provision of birthright citizenship – meaning that citizenship was guaranteed to every child born in the country, except for children born to foreign diplomats.
Trump Monday’s executive order which terminates birthright citizenship, directs the federal government not to recognize or issue documents of citizenship to any child born after February 19 whose parents are in the country without proper authorization, or to children whose one parent is in the United States on a ephemeral visa and another parent who is not a citizen of the country.
It’s more or less 5.5 million U.S. children born to at least one undocumented immigrant parent and 1.8 million U.S. children born to two undocumented parents.
Babin’s legislation would create a change in federal immigration law, the Immigration Nationality Act. It says citizenship will be granted to children born in the United States who have at least one parent who is a U.S. citizen, a green card holder or an immigrant with legal status who serves in the military.
It does not take into account the possibility that some parents may have other types of legal immigration status, such as a work or student visa. Under the bill’s text, it will only apply to children born after the bill is signed, although it will likely face immediate legal challenges.
“This is about ensuring that citizenship, the cornerstone of our national identity, is protected, respected and consistent with the principles on which this country was founded,” Babin said.
Last updated: 12:44, January 23, 2025
