Sens. Cotton, Paul Rip SCOTUS Birthright Citizenship Ruling, Propose Constitutional Amendment Eliminating It

Rand Paul and Tom Cotton
Daniel Heuer/Bloomberg via Getty Images, Bill Clark/CQ-Roll Call, Inc via Getty Images

Republican U.S. Senators Tom Cotton of Arkansas and Rand Paul of Kentucky are blasting the U.S. Supreme Court’s decision affirming birthright citizenship, and both are calling for a Constitutional amendment to end the practice.

However, passing such an amendment requires the approval of two-thirds majorities in the House and Senate. That margin is almost impossible because nearly all Democrats and many GOP business-minded politicians support mass migration into Americans’ politics and economy.

Sen. Cotton averred that “Birthright citizenship was never intended to benefit illegal immigrants,” and urged Congress to pass his “Constitutional Citizenship Act to ensure only the children of those here lawfully are granted citizenship.”

Cotton’s legislation would make children of illegal immigrants, terrorists, and foreign spies ineligible for birthright citizenship.

“There is no constitutional right for illegal aliens to cross the border to gain citizenship for their children. Granting birthright citizenship to illegal aliens has contributed to the highest levels of illegal immigration in history. Fixing this will help reduce the damage from Joe Biden’s catastrophic border crisis,” he added in his July 15 press release.

The filing would Amend the Immigration and Nationality Act to clarify that no child is eligible for birthright citizenship if their parents are unlawfully present in the United States, present in the U.S. for diplomatic purposes, or engaged in a hostile operation against the U.S. It is co-sponsored by Republicans Kevin Cramer (ND), Bill Hagerty (TN), and Bernie Moreno (OH).

As to Sen. Paul, he has filed a resolution of his own to make birthright citizenship illegal.

Paul has filed a Joint Resolution to amend the U.S. Constitution to protect U.S. citizenship and end automatic birthright citizenship.

“Under current interpretations of American law, anyone born on American soil automatically becomes a U.S. citizen, regardless of whether the parent was here legally or not,” Paul wrote on X. “This is wrong and not at all the intent of those who wrote the 14th Amendment.”

Birthright citizenship was addressed in the 14th Amendment and ratified in 1868 after a long and bloody Civil War. Constitutional originalists argue that the 14th Amendment conferred automatic citizenship on the children of former slaves. But others claim that it covers anyone and everyone born in the U.S.A.

“We are a country filled with immigrants, and legal immigration is valuable and should be protected,” Paul continued. “But we are also a country whose borders have been too open and our generosity exploited too often. President Trump has moved to seal our border from illegal immigrants more than any other president.”

Paul added that citizenship should only be conferred on the children of legal citizens.

“I have supported protecting birthright citizenship from the beginning of my tenure in the Senate, when I cosponsored the Birthright Citizenship Act of 2011, and now I am proposing an amendment to protect United States citizenship in case the Supreme Court fails to address this issue correctly,” he wrote.

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