Sunday, January 26, 2025

Trump’s XO calls attention to the real issue of illegal immigration- birth tourism!

 Weekly Opinion Editorial


ANCHORS AWAY!

by Steve Fair

     President Trump issued fifty-one (51) Executive Orders (XO) this week.  From halting diversity programs throughout the federal government to withdrawal from the World Health Organization (WHO), Trump wasted no time in overturning many of President Biden’s policies.  Some of the XOs are clearly within the power of the presidency, but others will no doubt be challenged in court.  The most controversial XO was titled, “Protecting the Meaning and Value of American Citizenship.”  Read it in its entirety at: https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/

     Trump stated the 14th amendment to the Constitution was never meant to extend citizenship universally to everyone born within the United States.  He maintains that if the mother was unlawfully present in the country and father was not a U.S. citizen, then citizenship is not extended to their U.S. born offspring.  Trump’s decree, if upheld in court, would eliminate so called ‘anchor’ babies.  An anchor baby is a child that automatically becomes a U.S. citizen by being born on American soil.  They can help their illegal parents avoid deportation or gain legal residency.  Pew Research says over 300,000 babies were born in the U.S. to illegal immigrants in 2024- 8% of the total births in the country. 

     During the 2024 campaign, Trump repeatedly described birthright citizenship as "ridiculous" and something that needed to stop. The U.S. is one of roughly 30 countries where birthright citizenship is applied. Three observations:

     First, birth tourism is not just from south of the border.  Los Angeles is considered to be the center of the maternity tourism industry.  Catering to wealthy Asian women, it is hard to shut down because its not illegal for a pregnant woman to travel to the United States.  In 2015, the feds raided three-multimillion-dollar birth tourism businesses in LA, but none were closed.  An estimated 15-20,000 Korean children are born to illegals each year. Pew found 41% of illegal births each year in the U.S. are to Mexican citizens.  Birth tourism is real and needs to be addressed.

     Second, the XO’s legality will be fought in court.  U.S. District Judge John Coughenour, a Reagan appointee, issued an order blocking Trump’s policy from taking effect for 14 days.  "This is a blatantly unconstitutional order," Coughenour said.  Not everyone agrees. 

     Hans von Spakovsky, an attorney specializing in immigration, argues: “The 14th Amendment doesn’t say all persons born in the U.S. are citizens. It says “all persons born or naturalized in the United States and subject to the jurisdiction thereof” are citizens.  A tourist or illegal alien who violates our laws are not placing themselves within the ‘jurisdiction’ of the United States.”   

     In 1898, the Supreme Court of the United States (SCOTUS), affirmed the language of the 14th amendment in US vs. Wong.  Since that time, any child born on American soil has been granted citizenship.  Can the SCOTUS reverse the 1898 ruling?  Sure, but most legal experts say it is unlikely. 

     Third, the Constitution is unlikely to be amended.  The threshold is high, which is why the founding document has only been amended 27 times.  Article 5 of the Constitution outlines the amending process.  Two-thirds of Congress (House and Senate) must vote to approve an amendment or two-thirds of state legislatures can ask Congress to call a convention to propose an amendment.  The amendment must then be ratified by three-fourths of state legislatures before the Constitution is amended. 

     Trump’s XO calls attention to one of the real issues of illegal immigration- birth tourism!  Illegals traveling to the U.S. to exploit our generous citizenship laws without fully integrating into our society undermine the integrity of citizenship.  If the SCOTUS rules the 14th amendment doesn’t extend citizenship to children of illegal immigration, it will be anchors away.

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