WASHINGTON — The United States Senate is expected to hold a discussion on the possibility of restricting birthright citizenship for children of illegal immigrants and tourists who give birth in the U.S. The discussion comes before the Supreme Court of the United States reviews the case Trump v. Barbara, with oral arguments scheduled for April 1, 2026. Debate surrounding the 14th Amendment Birthright citizenship is currently based on the Fourteenth Amendment to the United States Constitution, which was ratified after the American Civil War to guarantee citizenship for African Americans born in the U.S. However, lawmakers are debating the interpretation of the phrase “subject to the jurisdiction thereof” within this clause. Some argue that this provision should not apply to the children of illegal immigrants or tourists. U.S. Birth Statistics According to estimates from the Center for Immigration Studies: Approximately 225,000 – 250,000 children born in the U.S. in 2023 had parents who were illegal immigrants. Approximately 70,000 children born in the U.S. had parents who were tourists. These children are currently granted automatic U.S. citizenship at birth under the long-standing interpretation of the 14th Amendment. Views from Lawmakers Ted Cruz, a Republican Senator from Texas, criticized the phenomenon known as “birth tourism.” He argued that in some cases, pregnant women come to the U.S. on tourist visas specifically to give birth so that the child automatically becomes a U.S. citizen. “A woman flies from China to the U.S. on a tourist visa when she is near her due date just to give birth here, and the child immediately becomes a U.S. citizen. That does not make sense and it is not a rational immigration system,” Cruz said. Several former immigration enforcement officials have also called for changes to this policy, similar to proposals by lawmakers pushing new legislation in Congress. Related to President Trump’s Executive Order The case to be reviewed by the Supreme Court involves a January 20, 2025, executive order from President Trump aimed at ending birthright citizenship for children of illegal immigrants and tourists. This order was issued as the U.S. Senate shows signs of supporting President Trump on key legislative agendas. The Senate is expected to hear from experts during the hearing; however, the witness list has not yet been announced.

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