House Speaker Mike Johnson stated on July 5 that Congress should pursue legislative action to curtail birthright citizenship. Speaking during an interview on “Fox News Sunday,” the Louisiana Republican argued that the current immigration system is being exploited by “birthright tourism,” a practice he claims has “devalued” American citizenship. Johnson characterized the current state of affairs as a “threat to the rule of law and national security,” emphasizing that the government needs to address the issue.
While Johnson did not specify a particular piece of legislation, he indicated that Republicans are exploring all available options, noting that if a viable bill emerges, they would advance it immediately. This push follows a recent Supreme Court decision where the majority, led by Chief Justice John G. Roberts Jr., affirmed that children born to parents who are in the United States unlawfully or temporarily are protected by the citizenship clause of the 14th Amendment. The Court found that birthright citizenship is constitutionally protected, meaning any formal change would require a difficult process of amending the Constitution, which demands support from two-thirds of both chambers of Congress and ratification by three-fourths of state legislatures.
Despite the ruling, Justice Brett Kavanaugh suggested in a concurring opinion that Congress could potentially establish specific exceptions for children born to individuals in the country illegally. Previously, Sen. Lindsey Graham and Rep. Brian Babin introduced legislation that would narrow the definition of who is “subject to the jurisdiction” of the United States, effectively seeking to ban birthright citizenship for certain groups while acknowledging the 14th Amendment.
The scale of “birth tourism”—the practice of traveling to the U.S. to deliver a child—remains a point of contention. Because the government does not track these figures, estimates vary widely, ranging from 2,000 to 39,000 annually. A group of 140 university professors argued in a court filing that such births represent an “infinitesimal proportion” of the total births in the U.S. Political leaders remain divided on the issue, with Sen. Ted Cruz calling it a “blatant abuse” of laws, while Sen. Peter Welch has dismissed it as a “marginal issue.”
In the same interview, Johnson also reiterated his intent to pass the SAVE America Act, an election reform bill supported by Donald Trump, via the budget reconciliation process. He acknowledged that the bill has faced hurdles, including a ruling from the Senate parliamentarian that it contained “extraneous” provisions. Johnson stated that he intends to try again, citing the legislation as a top priority for himself and the former president following a recent recess prompted by a procedural revolt led by Rep. Anna Paulina Luna. President Donald Trump called on Congress to pass legislation in the wake of his loss at the high court, claiming that no long and unwieldy constitutional amendment is necessary.
