Senate Republicans who supported Trump’s executive order ending birthright citizenship now appear to be in agreement that they would need to pass a constitutional amendment to change it after today’s ruling by the Supreme Court.
“This decision confirms what I already suspected. If we want real, lasting change, it has to come through the amendment process,” Sen. Rand Paul, R-Ky., posted to X.
Paul introduced a constitutional amendment earlier this year related to birthright citizenship, and Sen. Eric Schmitt, R-Mo., announced just after the Supreme Court ruling that he was introducing one today as well. Schmitt’s amendment would change the scope of birthright citizenship to only the children of U.S. citizens and legal permanent residents.
“Under the Supreme Court’s erroneous interpretation, American citizenship is extended to anyone who happens to be on U.S. soil when they’re born–even if they were here in violation of our laws,” Schmitt says in a statement, “This is a dramatic departure from the understanding of citizenship of our Founders and the framers of the Fourteenth Amendment. Congress and the American people have the power to restore integrity and meaning to citizenship by limiting it to those who owe allegiance and loyalty to our nation.”
A constitutional amendment would require both the House and Senate to vote with a two-thirds majority to send it to the states, where three-fifths (38 of 50) would need to vote to ratify it before it becomes part of the Constitution.
That’s not going to happen, and Sen. John Cornyn, R-Texas, appeared to reference that in a post on X.
But that doesn’t mean Republicans will stop pushing for it.
“For years, I have been pushing legislation and a constitutional amendment to change the United States’ policy on birthright citizenship,” Sen. Lindsey Graham, R-S.C., said in a statement, “While I’m disappointed in the Court’s decision regarding birthright citizenship, I am determined more than ever to put an end to this major magnet for illegal immigration and birth tourism.”
“When I am chairman of the Senate Judiciary Committee next year, I will make this one of my top priorities,” Graham said.
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