They GOP isn’t letting up.
House Republicans are signaling they are not ready to give up on one of President Donald Trump’s top immigration priorities after the Supreme Court ruled against his executive order on birthright citizenship.
House Speaker Mike Johnson (R-La.) said Republicans are already exploring legislative options to address birthright citizenship following last week’s Supreme Court decision, arguing that Congress still has a role to play even after the Court’s ruling.
Johnson said on Fox News Sunday that Republicans are considering every available option to address the issue. He explained that if lawmakers can resolve it through legislation, they intend to move quickly. If a constitutional amendment ultimately proves necessary, he acknowledged that the process would take longer, but stressed that he believes the matter is too important to ignore.
Supreme Court Upholds Birthright Citizenship
The Supreme Court ruled last week that the 14th Amendment continues to guarantee birthright citizenship for nearly all children born in the United States, including those born to parents who are in the country illegally.
The decision blocked President Trump’s executive order, which sought to limit automatic citizenship for certain children born on U.S. soil.
Justice Brett Kavanaugh also concluded that the executive order conflicted with the Nationality Act of 1940, a federal law that mirrors the language of the 14th Amendment regarding citizenship.
However, Kavanaugh’s opinion also noted that Congress has the authority to amend federal law or pass new legislation addressing birthright citizenship, a point that Republicans have quickly highlighted as they consider their next steps.
Republicans Eye Legislative Action
Following the Court’s decision, several Republican lawmakers renewed calls for Congress to take action rather than relying solely on executive authority.
President Trump has also argued that changing the Constitution may not be necessary if Congress passes legislation addressing the issue.
One proposal is already on the table.
Rep. Brian Babin introduced legislation shortly after Trump’s executive order was signed that would redefine the phrase “subject to the jurisdiction” in the 14th Amendment.
Under Babin’s proposal, automatic U.S. citizenship at birth would apply only if at least one parent is a U.S. citizen, a lawful permanent resident, or a legal non-citizen serving in the U.S. military.
The legislation would apply only to future births and would not affect the citizenship status of anyone born before the law takes effect.
Johnson Raises Concerns Over Birth Tourism
Johnson, who previously practiced constitutional law, also pointed to concerns about so-called “birth tourism,” in which foreign nationals travel to the United States specifically to give birth so their children receive U.S. citizenship.
According to an analysis of U.S. Census Bureau data by the Migration Policy Institute, roughly 26,000 of the more than 3.5 million babies born in the United States each year may be connected to birth tourism.
Johnson argued that the issue extends beyond immigration policy and touches on broader concerns about national security and the rule of law.
“It’s a threat to the rule of law and national security,” the Speaker said.
Immigration Debate Far From Over
Although the Supreme Court’s ruling represents a significant legal setback for the Trump administration’s executive order, Republican leaders say the debate over birthright citizenship is far from finished.
With GOP lawmakers preparing new legislative proposals and President Trump continuing to push for changes to U.S. immigration policy, birthright citizenship is expected to remain one of the most closely watched issues in Congress in the months ahead.
The Supreme Court’s decision may have settled the immediate legal challenge, but Republicans have made it clear they intend to continue pursuing changes through the legislative process.