Key facts
- President Trump is pushing for legislation to restrict birthright citizenship.
- Republican leaders face internal divisions over the issue.
- Several bills have been introduced in Congress to limit birthright citizenship.
- Some Republicans believe the issue should be addressed legislatively, while others support the Supreme Court's stance.
- The feasibility of passing such legislation, especially a constitutional amendment, is questioned due to lack of support.
President Trump's renewed push to restrict birthright citizenship through legislation is creating significant internal divisions within the Republican party, posing a challenge for House Speaker Mike Johnson and Senate Majority Leader John Thune.
Trump recently stated that Congress could easily address the issue legislatively, following a Supreme Court decision that struck down his executive efforts to limit the practice. However, GOP lawmakers and immigration experts are warning that passing such legislation would be far from easy, with many suggesting the bills are intended more for political messaging than for actual passage.
While Trump's allies are pursuing long-shot constitutional amendments, Republican leaders are reportedly exploring other legislative avenues. Mark Krikorian, executive director of the Center for Immigration Studies, believes that while supporters would welcome passage, the legislative activity is primarily a political strategy to highlight differences with Democrats before the midterm elections.
Chris Chmielenski, president of the Immigration Accountability Project, suggested that legislation limiting birthright citizenship might have a chance in the House, potentially requiring "arm twisting" to secure the necessary votes. He noted that any congressional action would likely face legal challenges but argued lawmakers have "Article I authority" to shape interpretations of the 14th Amendment.
Divisions among Republicans are evident, with some, like Rep. Mike Lawler, arguing that "birth tourism" is an issue best addressed through legislation rather than executive orders, while others, like Rep. Elvira Salazar, have praised the Supreme Court's decision and emphasized respecting the rule of law.
Several legislative proposals have emerged. Senator Lindsey Graham has introduced the Birthright Citizenship Act, aiming to redefine the 14th Amendment's citizenship clause. Representative Brian Babin and Senator Bernie Moreno have also introduced similar bills. However, these proposals are unlikely to garner the 60 votes needed to advance in the Senate, contributing to Thune's potential reluctance to schedule a vote.
The idea of a constitutional amendment, requiring two-thirds support in both houses and ratification by three-fourths of the states, is viewed by many as a "near-impossible lift" in the current political climate. Senators like Rand Paul and John Cornyn have expressed skepticism about its feasibility, with Cornyn highlighting the rigorous amendment process. Some Republicans prefer to focus on other legislative priorities, such as FISA authorities and attorney general confirmations.