SCOTUS allows illegal aliens a fast track to citizenship
"The Court has made a mistake that will seriously affect the country’s future..."
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On Tuesday morning, the U.S. Supreme Court delivered a 5-4 ruling upholding birthright citizenship. This ruling was a response to an executive order President Donald Trump signed on his first day back in office last January, as a way to protect the “priceless and profound gift” of U.S. citizenship. His administration argued in the order that “the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States.” Chief Justice John Roberts ruled against Trump’s interpretation, holding that the children of illegal immigrants or other “temporarily present” individuals are indeed “‘subject to the jurisdiction’ of the United States and are citizens at birth under the Fourteenth Amendment.”
In his 90-page dissent, Justice Clarence Thomas defended the Fourteenth Amendment as a way to secure equal citizenship for freed slaves in the post-Civil War era. However, he points out how subsequent SCOTUS decisions had undermined that intent to “selectively enforce” a supposedly colorblind constitution. “The Court has repurposed the Fourteenth Amendment to protect its own set of preferred rights that the Reconstruction Congress never contemplated and that cannot find support in its text,” wrote Thomas. His dissent also acknowledged how the exploitation of the Fourteenth Amendment has been used to justify the growing practice of foreign birth tourists and illegal aliens having anchor babies in American soil. Justice Thomas concluded with the statement that “Today’s opinion devalues… citizenship.”
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In a concurring opinion, Justice Ketanji Brown Jackson criticized Justice Thomas, writing “the teacher who scolds a student for bullying a classmate hopes the student learns the broader lesson of treating everyone with kindness, not just that one kid.” This criticism indicates that for Brown and the other concurrent opinions, the birthright citizenship case is about empathy, not maintaining constitutional order.
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The cost of that empathy has had dire consequences: Every year, an average of about 255,000 children are born on U.S. soil whose parents are not U.S. citizens. This means that by 2045, 2.7 million children will be given U.S. citizenship although their parents aren’t naturalized Americans. By 2075, that number will balloon to a whopping 5.4 million. About 4.4 million U.S. born children under 18 live with a parent who is not an authorized U.S. citizen.
Upholding birthright citizenship incentivizes foreigners to illegally cross the border in hopes of securing citizenship through their children. The number of illegal aliens in the United States has been steadily increasing for decades. 2022-2023 saw a record high number of U.S.-Mexico border encounters, with more than 2.2 million per year. There were nearly 250,000 encounters in November of 2023 alone. Roughly 4 million illegal aliens currently in the U.S. are from Mexico, although this number has been declining. Instead, the number of illegal aliens coming from other regions of the world grew from 5.8 million to 6.9 million between 2019 and 2022. The population of illegal aliens coming from other parts of the world, including the Caribbean, South America, Asia, and sub-Saharan Africa have all increased since 2019 as well.
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Perhaps one of the biggest beneficiaries of SCOTUS’s ruling on birthright citizenship are Chinese nationalists. Communist Chinese birth tourism poses a major threat to national security. According to Rep. Tom Tiffany, “China has exploited birth tourism”, thanks to an Obama-era loophole that allows pregnant women from China to travel to the Northern Mariana Islands without a visa so that they can give birth on U.S. soil. Rep. Tiffany states that these children “are raised in Communist China with limited ties to the U.S., yet could still be eligible to vote in American elections and even hold sensitive positions in the U.S. government.” Political consultant Peter Schweizer estimates that between 750,000 and 1.5 million Chinese U.S. citizens are currently being educated in schools run by the CCP.
Justice Samuel Alito summed up the effect of the birthright citizenship ruling well, writing in his dissent that “The Court’s interpretation preserves a powerful incentive to enter or remain in this country illegally. Immigrants naturally prefer affluent countries where economic opportunities are available… The Court has made a mistake that will seriously affect the country’s future.”
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