Bad Supreme Court decisions are nothing new, but the justices' ruling on Trump v. Barbara has set a precedent that will have far-reaching consequences. The court ruled that children born in the United States to parents who are unlawfully or temporarily present are "subject to the jurisdiction" of the country and thus are citizens at birth under the Fourteenth Amendment.
This ruling has created a loophole that allows foreigners with zero allegiance to the United States to give birth to children who will receive all the benefits of American citizenship without any of the responsibilities. In fact, this has become a lucrative business for some, with Chinese nationals using birth tourism and surrogacy to smuggle in millions of aliens as citizens.
Rich Chinese individuals and corrupt officials take advantage of this loophole for financial gain and as an insurance policy. They can get their children into state schools at lower tuition and eventually sponsor them to immigrate. Similarly, wealthy Nigerians, Russians, and other aliens use birth tourism packages to gain American citizenship for their children.
However, many individuals who abuse birthright citizenship are poor and tap immediately into public benefits. They often lie about their assets, ties to their home country, and reason for travel, making it difficult for consular officers to evaluate their eligibility for visas.
Consular officers have seen cases of mothers applying for tourist visas who have American citizen children, but the mothers have not paid their hospital bills or used public benefits meant for indigent American mothers and children.
The situation is further complicated by the fact that some individuals, like "progressive" darling Hasan Piker, were born in the United States to foreign parents who later returned to their home country to raise them. However, these individuals have returned to the United States to make their fortunes, often spewing anti-Semitic, anti-American, and anti-capitalist rhetoric online.
So, what can be done to mitigate the damage caused by this ruling? Congress could legislate a change to the Fourteenth Amendment to exclude individuals whose parents are citizens of other nations from being considered "subject to the jurisdiction" of the United States. Alternatively, the Constitution could be amended to make clear the citizenship and immigration status required of at least one parent for a child born in the United States to become an American citizen at birth.
In the meantime, Congress and the states can pass laws banning surrogacy and imposing costs on aliens who give birth at U.S. taxpayer expense. Lax U.S. laws governing international surrogacy allow foreign nationals to "rent a womb" from American women, resulting in children who receive full American citizenship. This practice is not regulated at the national level and is openly encouraged in many states, including California, where 75% of foreign intended parents used clinics.
Consular officers can use AI-driven estimations to inform their decisions about issuing visas to women who have had prior children in the United States on visitor visas or who have claimed public benefits while in the country. These individuals should not be allowed to travel to the United States again for any reason.
While the Supreme Court's ruling may seem like a setback, it is not a defeat. There are tools available to mitigate the damage, and conservatives should use them to protect American citizenship and immigration laws.
