House Speaker Mike Johnson is considering new legislation aimed at addressing "birth tourism," a practice where foreign nationals travel to the United States to give birth and secure U.S. citizenship for their children. This move comes as a response to conservative hard-liners demanding action after the Supreme Court rejected Trump administration efforts to restrict birthright citizenship.
According to individuals familiar with private discussions, the potential legislation is seen as an attempt by Johnson to appease frustrated conservative members of his party. In a recent Fox News interview, Johnson stated that foreign nationals coming to the U.S. with the specific intent to give birth on American soil is an issue Congress must confront. He argued that this practice "devalues" the 14th Amendment and that lawmakers have a responsibility to address it.
"Birth tourism" refers to the practice of pregnant foreign nationals entering the U.S. to give birth, thereby obtaining U.S. citizenship for their child under the principle of birthright citizenship.
Johnson has suggested that potential responses could include new legislation and, if necessary, a constitutional amendment. However, he acknowledged that advancing such changes through ordinary legislation could face significant hurdles in the Senate and legal challenges in the courts. Critics argue that the 14th Amendment has long been understood to grant citizenship to nearly everyone born in the United States, with only narrow exceptions for the children of foreign diplomats.
The renewed debate over birthright citizenship follows a Supreme Court case where the court rejected efforts by the Trump administration to limit citizenship for children born in the U.S. to noncitizens. Johnson has framed the issue as one concerning the value of American citizenship, national security, and the rule of law.
Supporters of Johnson's stance believe Congress should revisit the policy. Opponents, however, contend that altering birthright citizenship would necessitate a constitutional amendment rather than a simple federal law change. Johnson's remarks align with arguments made by former President Donald Trump and other conservatives, who believe the current interpretation of the 14th Amendment extends beyond its original intent. They argue that children born in the U.S. to parents who are temporary visitors or undocumented immigrants should not automatically receive citizenship.
