US Rep. Babin Pushes to Block Birthright Citizenship for Children of Illegal Aliens

[Elderberry]

Texas Scorecard By Will Biagini   | January 22, 2025

A Texas congressman has reintroduced legislation to block illegal aliens from taking advantage of birthright citizenship by having children on American soil.

The Birthright Citizenship Act, first filed by Republican U.S. Rep. Brian Babin (TX-36) in 2023, would confer citizenship to children born in the United States only if at least one parent is either a citizen, lawfully present foreign national, or immigrant serving in the military.

Babin announced Tuesday that he was reintroducing the legislation.

“This bill will build on President Trump’s executive order and codify these critical reforms into law,” Babin posted on X. “It’s time to END the exploitation of loopholes in our immigration system.”

More: https://texasscorecard.com/federal/us-rep-babin-pushes-to-block-birthright-citizenship-for-children-of-illegal-aliens/

[jmyrlefuller]

I wonder if the main purpose for this is to trigger a lawsuit. I don't think there is much of a chance for existing citizens to have it revoked but this is clearly not the same Supreme Court that grossly overreached in Plyler v. Doe so this might be a better chance than ever to revisit what "subject to its jurisdiction" entails.

[Smokin Joe]

Let's take a trip back to 1924, when Calvin Coolidge signed the Indian* Citizenship Act.
(*Feather, not dot)

The Act conferred citizenship on all Native Americans ("Indians") born within the US to American Indians.


Why would this legislative remedy be required?

Because prior to that, the babies were considered members of their respective sovereign tribes, and not automatically American Citizens, a status previously conferred only on those who had served in the military.

In part,

The act read that “all noncitizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States: Provided that the granting of such citizenship shall not in any manner impair or otherwise affect the right of any Indian to tribal or other property.”

https://constitutioncenter.org/blog/on-this-day-in-1924-all-indians-made-united-states-citizens

And here is the undoing of the whole anchor baby scheme. These people, born within the confines (politically) of the United States, on land they or their forebearers had occupied for centuries, if not millennia, were not automatically American Citizens, because they were subject to the Jurisdiction of their Tribal (national) Government, laws, and customs.
There was even a 'cut out ' provided in the Act if their American Citizen status would negatively impact their rights within their own respective nations.

So, folks, there is just NO WAY someone from a foreign country would automatically be granted US citizenship just for crossing the line from a foreign country to this one before seeing daylight for the first time.

[Bigun]

Let's take a trip back to 1924, when Calvin Coolidge signed the Indian* Citizenship Act.
(*Feather, not dot)

The Act conferred citizenship on all Native Americans ("Indians") born within the US to American Indians.


Why would this legislative remedy be required?

Because prior to that, the babies were considered members of their respective sovereign tribes, and not automatically American Citizens, a status previously conferred only on those who had served in the military.

In part, https://constitutioncenter.org/blog/on-this-day-in-1924-all-indians-made-united-states-citizens

And here is the undoing of the whole anchor baby scheme. These people, born within the confines (politically) of the United States, on land they or their forebearers had occupied for centuries, if not millennia, were not automatically American Citizens, because they were subject to the Jurisdiction of their Tribal (national) Government, laws, and customs.
There was even a 'cut out ' provided in the Act if their American Citizen status would negatively impact their rights within their own respective nations.

So, folks, there is just NO WAY someone from a foreign country would automatically be granted US citizenship just for crossing the line from a foreign country to this one before seeing daylight for the first time.

 

[Fishrrman]

The Birthright Citizenship Act, first filed by Republican U.S. Rep. Brian Babin (TX-36) in 2023, would confer citizenship to children born in the United States only if at least one parent is either a citizen, lawfully present foreign national, or immigrant serving in the military.

Nice gesture, but no way could this get through the Senate so long as the filibuster remains intact...

[berdie]

Let's take a trip back to 1924, when Calvin Coolidge signed the Indian* Citizenship Act.
(*Feather, not dot)

The Act conferred citizenship on all Native Americans ("Indians") born within the US to American Indians.


Why would this legislative remedy be required?

Because prior to that, the babies were considered members of their respective sovereign tribes, and not automatically American Citizens, a status previously conferred only on those who had served in the military.

In part, https://constitutioncenter.org/blog/on-this-day-in-1924-all-indians-made-united-states-citizens

And here is the undoing of the whole anchor baby scheme. These people, born within the confines (politically) of the United States, on land they or their forebearers had occupied for centuries, if not millennia, were not automatically American Citizens, because they were subject to the Jurisdiction of their Tribal (national) Government, laws, and customs.
There was even a 'cut out ' provided in the Act if their American Citizen status would negatively impact their rights within their own respective nations.

So, folks, there is just NO WAY someone from a foreign country would automatically be granted US citizenship just for crossing the line from a foreign country to this one before seeing daylight for the first time.

I continue to think that should be the "loophole" that should be fought on. So the American Indians were not citizens due to their tribal loyalty? But complete strangers will not have loyalty or jurisdiction from the country of origins of their parents.

[Smokin Joe]

I continue to think that should be the "loophole" that should be fought on. So the American Indians were not citizens due to their tribal loyalty? But complete strangers will not have loyalty or jurisdiction from the country of origins of their parents.

Membership in the Tribe is through blood or marriage, and sometimes, marriage does not count (only by blood). The Tribes were considered sovereign nations, with their own government, and thus those who were members were considered citizens of their respective tribes. Until this was clarified by law, only those who had served in the US Armed Forces could qualify as American Citizens.
Because American Indian babies were subject to the jurisdiction of their Tribal Governments (as separate Nations), they were not automatically American Citizens, until specifically included by the passage of the Law (The Indian Citizenship Act) in 1924, which made American Indians subject to the jurisdiction of the United States as well as their respective Tribal Governments.

 There are no provisions made thus for visitors to (or invaders of) the United States who give birth to children while here. Their citizenship is that of their parents, and they are subject to the jurisdiction of their own country, even if they must abide by our laws while here. 

To look at the entire issue another way: If someone visited, or even broke into your house and had a baby in your living room, that does not entitle them to live there or have a voting interest in your affairs.

[Hoodat]

Let's take a trip back to 1924, when Calvin Coolidge signed the Indian* Citizenship Act.
(*Feather, not dot)

Let's go further back to 1866.  These are the words of Michigan Sen. Jacob Howard, the author or Amendment XIV:

This [amendment] will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.

[Bigun]

Let's go further back to 1866.  These are the words of Michigan Sen. Jacob Howard, the author or Amendment XIV:

This [amendment] will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.

 

[bigheadfred]