FOR IMMEDIATE RELEASE:
Monday, July 6. 2026
Five Justices Put Birth Tourism Beyond The Reach Of Democracy
There are Supreme Court decisions that faithfully interpret the Constitution, even when reasonable people disagree about the outcome. And then there are decisions in which the justices appear to begin with the outcome they want and only afterward search for constitutional language to justify it. The Supreme Court’s decision in Trump v. Barbara belongs firmly in the latter category.
The case centered on one sentence of the 14th Amendment: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
The court interpreted this language to constitutionally guarantee citizenship to virtually every child born on American soil, including the children of illegal aliens and temporary visitors who come to the United States solely to give birth.
Justice Samuel Alito captured the consequences better than anyone else in his dissent:
As interpreted by the Court today, the Fourteenth Amendment confers citizenship on virtually everyone who happens to be born in this country, including the children of “birth tourists,” women who come here solely for the purpose of giving birth to a child and then promptly return home.
A Chinese woman can board a flight from China, spend a few weeks in the Northern Mariana Islands, give birth, return home, and her child acquires an American passport as a constitutional right. The practice has become so widespread that, by some estimates, well over a million Chinese nationals have acquired American citizenship through this mechanism.
This has been devastating for our nation. Third-world aliens who do not value our heritage can have a child, or children here, and those children are automatic citizens. Even the April 9th edition of TIME magazine in 1990 pointed out what they referred to as the “browning of America. “The author noted, “In the 21st century — and that’s not far off — racial and ethnic groups in the U.S. will outnumber whites for the first time.” And that “browning of America” would “alter everything in society” from politics to education, religion, and economics. Indeed, this Birthright citizenship, which was only to apply to slaves and their children, and to those who were under the jurisdiction of the U.S government, has been unfairly used to undermine the white Christian foundation of America. Yes, America has changed and will continue its downward spiral unless this misapplication of the 14th Amendment is overturned by Congress.