The Supreme Court's decision upholding birthright citizenship has triggered a flurry of legislative proposals on Capitol Hill, with Republicans unveiling competing measures to restrict the practice commonly known as birth tourism.
Sen. Tim Scott, R-S.C., is drafting legislation that would prevent children born in the United States to women on tourist visas from acquiring American citizenship. The proposal targets what Scott described as a multibillion-dollar industry where foreigners travel specifically to give birth so their children gain U.S. citizenship.
What the Right Is Saying
Scott argued that the 14th Amendment's phrase 'under the jurisdiction thereof' should exclude tourists visiting temporarily, pointing to how other countries handle similar situations.
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 said. 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-Tenn., introduced the Anchors Away Act in the House, which would allow the government to bar pregnant foreigners from entering the United States. This conversation that I'm starting that I'm a champion of, Ogles told Fox News Digital. I'm working with the White House. And as long as it takes to get it done, I'll be here to fight for it.
Ogles has also authored the Assimilation Act and Remigration Act, measures he says are designed to address broader immigration concerns while giving Congress a pathway to define citizenship standards.
What the Left Is Saying
Democratic lawmakers and immigration advocates maintain that the 14th Amendment guarantees birthright citizenship to all persons born on U.S. soil, with narrow exceptions only for children of foreign diplomats or those born on enemy vessels during wartime. They argue any legislation restricting this right would be unconstitutional and could strip protections from millions of Americans.
Civil rights organizations have called the practice a manufactured problem designed to fearmonger about immigration rather than address any genuine policy concern. They note that birth tourism represents a tiny fraction of births in the United States and that most immigrants who have children on U.S. soil are already living in the country legally.
What the Numbers Show
The birth tourism industry is estimated by its critics to generate billions of dollars annually, though precise figures are difficult to verify. Industry opponents cite estimates that tens of thousands of foreign nationals travel to the United States each year specifically to give birth.
President Trump has stated his preference for legislation over a constitutional amendment, which some Republican senators including Sens. Eric Schmitt, R-Mo., and Rand Paul, R-Ky., have proposed as an alternative approach.
Scott's proposal would need at least some Democratic support in the Senate, where Republicans hold 52 seats. The House faces similar constraints with a razor-thin Republican majority that could complicate any floor vote on the measures.
The Bottom Line
The competing proposals represent early stages of what promises to be a lengthy legislative battle over birthright citizenship. Scott's approach focuses narrowly on tourist visas and explicitly targets getting legislation to Trump's desk, while Ogles' package includes broader immigration reforms that face steeper political obstacles.
Constitutional scholars have raised questions about whether legislation alone can restrict birthright citizenship or whether a constitutional amendment would be required. The Supreme Court's ruling upheld the existing interpretation of the 14th Amendment, meaning any legislative fix would likely face court challenges.
What is possible is for us to recognize that if you're here temporarily, and you know you're here temporarily, you should not leave with an American citizen as your child just because you gave birth on our soil, Scott said. Watch for additional Republican proposals in the coming weeks as the party works to fulfill Trump's call for congressional action.