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In this The Daily Signal article, Josh Hammer argues that Congress can still ban birthright citizenship for children of illegal aliens and birth tourists despite the Supreme Court’s ruling in Trump v. Barbara.
- The Court erred by granting automatic citizenship under the 14th Amendment to virtually all children born on U.S. soil, ignoring the original meaning of “subject to the jurisdiction.”
- The Framers and 14th Amendment drafters intended citizenship for those owing allegiance to the U.S., not foreign invaders or those subject to foreign powers, as clarified by the 1866 Civil Rights Act.
- Congress can declare illegal immigration and birth tourism an “invasion” under its Article I powers, excluding such children from automatic birthright citizenship.
- This approach is consistent with Wong Kim Ark and Barbara precedents, which exclude children of foreign invaders from birthright citizenship.
- The political question doctrine would likely keep courts from interfering with Congress’s determination of invasion.
- Hammer urges immediate congressional action to restore the sanctity of American citizenship through legislation.
Read the full story:
https://www.dailysignal.com/2026/07/06/congress-ban-birthright-citizenship/
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