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SCOTUS has shown Congress a path on birthright citizenship. Lawmakers must act
By Brian Babin, Brian Babin
Published July 15, 2026
As President Donald Trump urges the Supreme Court to revisit birthright citizenship and Texas investigates a hospital accused of marketing "birth packages" to foreign nationals, one thing has become impossible to deny: Congress can no longer ignore its responsibility to clarify our nation's citizenship laws.
The debate over birthright citizenship has returned to the forefront of our national conversation, and the recent Supreme Court decision has made abundantly clear that Congress can no longer ignore our responsibility to secure our nation for future generations of Americans.
While the court reached its own conclusions in the case before it, Justice Brett Kavanaugh's separate opinion underscored an important point. He suggested that Congress, not the executive branch, is the proper institution to address the scope of birthright citizenship through legislation. That is precisely what my Birthright Citizenship Act is designed to do.
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For too long, our nation has operated under an interpretation of the 14th Amendment that extends automatic citizenship far beyond what its authors intended. The citizenship clause was ratified in the aftermath of the Civil War to guarantee that formerly enslaved Americans would be recognized as full citizens of the United States. It was never intended to create a worldwide incentive for illegal immigration or to reward those who violate our immigration laws with automatic citizenship for their children.
The Birthright Citizenship Act restores the original understanding of the 14th Amendment by clarifying in federal law that automatic citizenship at birth applies only when at least one parent is a United States citizen or national, a lawful permanent resident residing in the United States, or a lawful immigrant serving on active duty in the United States Armed Forces.
This is a steady, measured, commonsense proposal rooted in the rule of law.
America's citizenship is among the greatest privileges our nation can bestow. It should not be exploited through illegal immigration or birth tourism. Yet today, our laws have created powerful incentives for both.
According to the Center for Immigration Studies, roughly one in 10 births in the United States is to an illegal immigrant mother. The organization also estimates that hundreds of thousands of expectant mothers enter the country illegally each year with the expectation of giving birth here. Recent events in my home state of Texas demonstrate exactly why Congress must act. Last week, a hospital came under investigation after advertisements surfaced promoting "Birth Packages in South Texas" for foreign nationals. Just weeks earlier, investigators uncovered a Houston-based birth tourism operation that allegedly helped facilitate the births of more than 1,000 children for Chinese nationals seeking to obtain U.S. citizenship for their children. These are not isolated incidents, they are evidence that our current interpretation of the 14th Amendment has created incentives that Congress has the authority and responsibility to address.
The consequences extend well beyond the delivery room. Birthright citizenship has become a magnet for illegal immigration, straining public resources and undermining confidence in an immigration system that Americans increasingly believe is neither fair nor secure.
The American people deserve an immigration system that rewards legal immigration, respects the Constitution and places the interests of our citizens first.
President Trump has made birthright citizenship reform a national priority, and Congress now has an opportunity, and an obligation, to act. The Supreme Court has reinforced that lasting policy changes should come through the legislative process. My legislation provides exactly that vehicle.
Reasonable people can disagree about constitutional interpretation. But there should be broad agreement that Congress should not abdicate its legislative responsibilities. If lawmakers believe our citizenship laws no longer reflect the nation's interests or the original understanding of the 14th Amendment, then Congress should debate the issue openly and vote.
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Our nation just witnessed the biggest landmark achievement to date, its 250th birthday. For 250 years, justice, freedom and liberty have sat at the helm of our great nation, a gift so many fought for that we are now enlisted to protect. An abdication of congressional authority when it comes to birthright citizenship is an abdication of the responsibility to protect not just our freedom but our children’s. The blessing of liberty belongs to those willing to fight for it, not those who sit idly as it passes into the hands of those who only want to reap the benefits of freedom and never appreciate its sacrifice.
That moment has arrived.
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The Birthright Citizenship Act gives Congress the opportunity to restore integrity to our citizenship laws, eliminate incentives for illegal immigration, and reaffirm that American citizenship is a precious privilege, not an automatic entitlement available to anyone who crosses our borders.
The time for debate alone has passed. The time for action is now.
Republican Brian Babin represents Texas' 36th Congressional District in the U.S. House of Representatives. Follow him on X: @RepBrianBabin.
https://www.foxnews.com/opinion/scotus-shown-congress-path-birthright-citizenship-lawmakers-must-act