Sen. Schmitt’s Concerns Over Supreme Court Decision on Birthright Citizenship

Amidst the intense reactions from Republicans toward the Supreme Court, Sen. Eric Schmitt, R-Mo., raises alarms about the national security implications of the recent birthright citizenship decision. The court’s 6-3 ruling, according to Schmitt, poses potential threats, especially from China.

In a conversation with Fox News Digital, Schmitt outlined steps that lawmakers and the administration might take to counter these risks. He expressed urgency, stating, “I want to get this done because I believe that the future of our country is on the line.” Schmitt criticized the current situation, where foreign nationals, particularly Chinese military figures, might exploit birthright citizenship.

“We can’t have Chinese generals sending their wives to this country to give birth and going back for 18 years and coming back and being citizens. It’s insane,” Schmitt emphasized.

During a Senate Judiciary Committee hearing, Schmitt underscored the need for a multi-pronged approach: executive actions, legislative measures, and potentially a constitutional amendment. He acknowledged that while a constitutional amendment might be the most effective counter to the court’s decision, legislative efforts appear more feasible.

Following insights from Supreme Court Justice Brett Kavanaugh, Schmitt emphasized the possibility for Congress to enact new legislation. Kavanaugh noted that Congress could modify or establish exceptions to birthright citizenship for children born to non-citizens present unlawfully or temporarily. Schmitt’s proposed legislation aims to refine the 14th Amendment’s language to emphasize “not subject to a foreign power.” He believes this restoration of the amendment’s original intent would mitigate foreign exploitation of U.S. citizenship.

The legislative path, however, faces the challenge of the 60-vote filibuster threshold, necessitating Democratic support. Schmitt cited the 1993 Immigration Stabilization Act by the late Senate Majority Leader Harry Reid as evidence that Democrats previously backed similar measures. The act aimed to restrict birthright citizenship for the children of illegal immigrants.

“It wasn’t that long ago that Harry Reid actually had legislation to deal with this issue,” Schmitt pointed out. He questioned if Democrats would remain aligned with open border policies from the Biden administration era, or if they would pivot toward more stringent citizenship measures that Schmitt argues align with the public’s views.