Republicans Considering Legislation To Weaken Birthright Citizenship Ruling As ICE Arrests Ramp Up In Its Aftermath

In light of the Supreme Court this week upholding in a 6-3 vote the 14th Amendment, several Republican lawmakers are considering legislation that would undermine the court’s decision, which confirmed the nation’s longstanding policy of American birthright citizenship.

Republican South Carolina senator Tim Scott is among the many GOP members of Congress looking for ways to go around the ruling and the policy, which Scott called “Illogical”. His proposed legislation would target what is often labeled “Birth tourism” by many on the right.

“The whole concept of the 14th Amendment, that ‘under the jurisdiction thereof,’ if you are on vacation in America, you certainly should not have a child while you’re here and think in any way, shape or form that kid is going to somehow, some way be an American citizen,” Scott was quoted saying.

“That’s just illogical. I would just say look at it from the mirror perspective,” he continued. “If you did that in any other country, would that child in that country become a citizen of that country? The answer is no.”

Rep. Andy Ogles (R-Tennessee) said he will propose the Anchors Away Act — a bill that would amend the Immigration and Nationality Act “to clarify the classes of individuals born in the United States who are nationals and citizens of the United States at birth and to provide for the inadmissibility of certain pregnant aliens seeking admission as nonimmigrants primarily to obtain United States Citizenship for a child, and for other purposes.”

In a post on X Tuesday, Ogles wrote: “SCOTUS (Supreme Court of The United States) betrayed America. It’s time to bar pregnant foreigners from coming to this country. We are being colonized. Anchors Away!”

President Donald Trump directed Republicans to immediately get to work to undo the effects of the court ruling after his previous executive order targeting birthright citizenship was invalidated by the decision.

“No long and unwieldy Constitutional Amendment is necessary! Congress should start TODAY to work on ending expensive and unfair to our Country, Birthright Citizenship,” Trump posted on Truth Social. “They will have my Complete and Total Support!”

The 14th Amendment was ratified on July 9, 1868, and is one of the most expansive additions to the U.S. Constitution. It established birthright citizenship, mandated due process and equal protection under the law for all individuals, and included a ban on former Confederate officials from holding office.

FOX News reported that ICE arrests have ramped up in the aftermath of the Court’s ruling, with more than 10,000 arrests made nationwide by the agency this week.

Although Republicans have not yet settled on a singular bill to potentially undermine the court ruling, Democrats expect the GOP’s efforts to continue.

“This is certainly not the end of Trump’s attacks on our Constitution, our democracy, and the notion of what it means to be an American,” Sen. Alex Padilla, D-Calif., wrote on X. Padilla was born to Mexican immigrant parents on U.S. soil and is an outspoken advocate for the 14th Amendment.