President Trump’s bid to finish birthright citizenship is dividing Home Republicans, highlighting inner variations on the thorny subject of immigration simply because the GOP is making positive aspects with Hispanic voters.
Many conservatives, cautious that birthright citizenship has been abused by these residing within the nation illegally, are backing Trump’s govt order, which has turn into a rallying cry of the Republicans’ MAGA base.
Some moderates, leery of eroding a constitutional proper that’s existed for greater than 150 years, are pushing again, arguing that Trump lacks the authority to get rid of that proper unilaterally.
And a 3rd group is hanging on the fence, acknowledging the noble historical past of birthright citizenship whereas questioning if Congress must adapt the regulation to fashionable occasions.
The combat is occurring simply months after an election cycle when Trump and Republicans made important inroads with Hispanic voters and are hoping to construct on that momentum within the coming years. Certainly, whereas Democrats as soon as loved an enormous benefit with Hispanics, Trump gained 43 % of these voters final November, in accordance with Related Press polls — a bounce of 8 proportion factors over his unsuccessful run in 2020.
These Republicans supporting Trump’s effort mentioned the president is merely giving voters what he promised them on the marketing campaign path — and that features the Hispanic voters who need harder immigration guidelines.
“He bought a mandate from the American folks to cease the bleeding on the southern border,” Rep. Mario Diaz-Balart (R-Fla.) mentioned.
“I give a lot of credit — whether people like specifics or not, the thing about President Trump [is] he’s been very clear about what he’s been wanting to do. And this is one of those issues,” he added, referring particularly to the tip of birthright citizenship. “There’s a reason why he got very strong support from Hispanics around the country, and it’s because he does what he says he’s going to do.”
Different Republicans disagree. Rep. Carlos Gimenez (R-Fla.), who represents the southernmost tip of Florida, mentioned the 14th Modification — adopted in 1868 to offer citizenship rights to freed slaves and their descendants — is “pretty clear cut” and no president, together with Trump, has the ability to roll it again.
“I believe if you’re born in the United States, you’re a citizen of the United States,” Gimenez mentioned. “So I think the way to actually solve the problem that you’re trying to solve is to control the border.”
Gimenez pointed to the 1898 Supreme Court docket case United States v. Wong Kim Ark that clarified which teams of individuals had been excluded from birthright citizenship privileges — an inventory that features the kids of diplomats however not these residing within the nation illegally.
“That pretty much established it,” he mentioned.
Gimenez mentioned he’s assured the courts, which have already blocked Trump’s order within the close to time period, will finally rule that it’s unconstitutional. Nonetheless, he additionally mentioned a few of his constituents are apprehensive within the meantime.
“I’m hearing people being concerned about it,” he mentioned.
Caught in the course of these two camps is a gaggle of Home Republicans that is still undecided on Trump’s Day 1 decree. These lawmakers say they’re weighing constitutionality considerations towards criticisms that the 14th Modification, as at the moment utilized, encourages “birth tourism.”
Requested on “Meet the Press NOW” this week if he would help laws to get rid of birthright citizenship, Rep. Mike Lawler (R-N.Y.) — who represents a battleground district former Vice President Kamala Harris narrowly gained in 2024 — demurred.
“Obviously, yes, the 14th Amendment does address the issue of birthright citizenship, though I do think there is [a] question about how it has been abused, frankly, with respect to people who are coming here illegally for the purpose of obviously having children to get them citizenship,” Lawler mentioned.
“So that is something that obviously the courts are going to weigh in on, probably rather quickly, given some of the legal challenges that have been filed against President Trump’s executive order,” Lawler mentioned, predicting Trump’s govt order would attain the Supreme Court docket “in relatively short order.”
Signed on Monday, simply hours after Trump was sworn in to his second time period, the manager order seeks to disclaim computerized citizenship rights to the kids of sure noncitizens, together with these within the nation illegally. The order was slated to take impact on Feb. 19.
A federal choose on Thursday stepped in to dam it briefly. Decide John Coughenour, a Seattle-based choose who was appointed by President Reagan, didn’t mince phrases in his ruling, calling Trump’s order “blatantly unconstitutional.”
“I’ve been on the bench for over four decades,” he mentioned. “I can’t remember another case where the question presented is as clear as this one.”
If the courts do knock down Trump’s govt order, as many authorized specialists are predicting, the president may strain GOP leaders in Congress to stage a vote on a proposal designed, basically, to undertake Trump’s order legislatively.
Some GOP lawmakers are already laying the groundwork for that state of affairs.
Rep. Brian Babin (R-Texas) launched a invoice this week that claims to “restore the 14th Amendment to its original purpose” by granting computerized citizenship solely to people with at the least one mother or father who’s a U.S. citizen, a lawful everlasting resident within the U.S. or an immigrant who’s actively serving within the Armed Companies.
“[Trump’s] historic executive order to end birthright citizenship marks a critical step forward, and now with the Birthright Citizenship Act of 2025, we can solidify these reforms into lasting law and codify them,” Babin mentioned at a press convention.
Home GOP management has not given any indication that it plans to deliver Babin’s invoice to the ground, however the very prospect just isn’t being misplaced on lawmakers.
“It would be an ugly vote for us, I know that, if we had to take a vote on it,” one reasonable Home Republican advised The Hill, requesting anonymity to debate the delicate subject.
The GOP lawmaker — who expressed an openness to Trump’s govt order, arguing that birthright citizenship supplies an “incentive” for pregnant people to enter the U.S. illegally — famous the delicate nature of the controversy.
“There are people that benefit from this, and it would change that path for them, and some people probably have made decisions to spend a lot of their own money. Some of these coyotes will [have] spent $10,000 to $15,000 to get them across the border. They risk a lot to get here. And this is part of one of the reasons why they do that, it gives their kids an opportunity to a better life,” the member mentioned.
“But they’re doing it the wrong way, and we literally encourage that with our current law.”
Different Republicans, even these sympathetic to Trump’s efforts, mentioned it might take greater than a easy invoice to undertake the adjustments the White Home is proposing. Moderately, it might require a constitutional modification — an enormously excessive bar that will surely fall wanting the two-thirds majority wanted to cross by way of Congress.
“I think the 14th Amendment was written to mean different than what it’s being used for today,” Rep. Don Bacon (R-Neb.) mentioned. “But the Supreme Court has ruled in the past that if you’re born here you’re a citizen.”
“And I think it’ll be hard to overturn that unless you use an amendment process.”
Emily Brooks contributed reporting.
