Tuesday, the Supreme Court of the United States ruled 5-4 to strike down President Trump’s executive order ending birthright citizenship for children of illegals and temporarily present parents, citing the same faulty interpretations of the 14th Amendment which were being challenged.
The United States is among very, very few first world or developed nations which extends birthright citizenship to children born to illegal immigrants or temporary residents with no ties to the country. This has long been abused by illegal immigrants and birth tourists to not only ensure that their third world children will be “Americans” but to also grant them leverage in fighting deportation, hence the term “anchor-babies.”
The 14th Amendment was initially used to grant citizenship to former slaves. However, it explicitly states that it applies only to those people born within the United States and who are subject to the jurisdiction thereof. Illegal immigrants and temporary foreign nationals represent, according to the dissenting SCOTUS opinion and the White House, a separate case from those former slaves born here in the mid 19th century.
Indeed, according to the dissenters, they are not bound by the US jurisdiction and therefore are not guaranteed citizenship by virtue of being born on magic soil. Nonetheless, 4 liberal Justices and one Trump appointee (Amy Coney Barrett) voted to strike down the executive order and maintain a vague and all-inclusive interpretation of the 14th amendment, guaranteeing illegals and birth tourists incentives to come to the US and spawn.
The question, then, is “what’s next” for the Trump Administration. Defying the courts on a constitutional ruling is a bit tricky both legally and politically. However, it is hypothetically possible. Yet, staunch, America-First Republicans would have to maintain the presidency indefinitely in order to keep it up and, often, defying the Supreme Court is not politically viable.
The better path may be to ban pregnant tourists and other temporary residents from entering the nation, as well as to crack down even harder on illegal entry and staying of immigrants. This would not be 100% foolproof, nor would it change the underlying issue of the 14th Amendment’s vague interpretation. However, it would greatly reduce the number of Americans in Name Only being born on our soil for the time being, while a better solution is worked on down the road.
Regardless, we all were aware saving this country would be an uphill battle.
