(NewsNation) — A Texas Republican lawmaker has introduced legislation that would end the “misuse” of birthright citizenship, which he claims was never intended for children born to parents who entered the United States illegally.
U.S. Rep. Brian Babin introduced the bill Tuesday, just a day after President Donald Trump took office and signed an executive order seeking to end birthright citizenship. Trump’s executive order, however, runs afoul of the U.S. Constitution’s 14th Amendment, which guarantees American citizenship to anyone born in the United States.
While only constitutional amendments can make changes to the Constitution, Babin’s bill seeks to restore the 14th Amendment to its original purpose. The bill also seeks to end “the misuse” of birthright citizenship and ensures citizenship is granted to children whose parents meet three criteria.
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Under the legislation, parents of U.S.-born children would either need to be a citizen or natural citizen of the U.S., a lawful permanent resident whose residence is in the United States or a lawful immigrant who is performing active military service with the U.S. Armed Forces.
“America’s citizenship laws should reflect fairness and respect the rule of law,” Babin said in a statement released by his office. “This common-sense legislation corrects decades of misuse and closes the loophole that incentivizes illegal immigrants and exploits U.S. citizenship through birth tourism.”
Babin said that the legislation represents an important step “to restore integrity” to the immigration system and prioritize the interests of American citizens.”
Babin’s office said that the bill aligns with Trump’s commitment to make birthright citizenship reform a priority. The lawmaker also believes that birthright citizenship is based on a “flawed interpretation” of the 14th Amendment.
He said that the intent of the 14th Amendment was to provide citizenship rights to recently freed slaves and claimed it was never intended to grant rights to children of immigrants who enter or remain in the United States illegally.
The bill was introduced as attorneys general representing 22 states sued Trump to block the executive order, which was one of 26 signed by the president within hours of taking office. The New York Times reported that Matthew Platkin, New Jersey’s attorney general, called Trump’s effort to end birthright citizenship “extraordinary and extreme.”
“Presidents are powerful, but he is not a king,” Platkin said, according to the report. “He cannot rewrite the Constitution with the stroke of a pen.”
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Under Trump’s executive order regarding birthright citizenship, children born in the United States but to parents are not citizens, would no longer have access to Social Security numbers, passports and other rights afforded to U.S. citizens.
Removing or amending the 14th Amendment would require a two-thirds vote of the U.S. House and Senate as well as the support of three-fourths of state legislatures. The bill does not seek to overturn the Constitutional amendment but rather addresses what Babin calls misuse of birthright citizenship.
Babin’s office, citing data from the Center for Immigration Studies, said that one in every birth in the United States is to a mother who entered the country illegally. The organization also claims 400,000 expectant mothers are expected to cross the U.S.-Mexico border this year with the intent of giving birth to a child in the U.S.
