Virginia Rep. McGuire Moves To Tighten Citizenship Rules With New Birthright Bill
Representative John McGuire, R-Va., introduced new legislation on Thursday aimed at altering how birthright citizenship is applied in the United States.
The bill, titled the Birthright Citizenship Clarification Act, seeks to turn the core policy of President Donald Trump’s executive order on birthright citizenship into federal statute. According to the bill’s supporters, the legislation is modeled after legal guidance from Supreme Court Justice Brett Kavanaugh’s opinion in the case Trump v. Barbara.
In that decision, Kavanaugh indicated that the primary legal obstacle to altering birthright citizenship policies lay in existing federal statutes rather than the Fourteenth Amendment, meaning Congress possesses the authority to change the law.
“American citizenship is a privilege, and an honor that must be protected,” McGuire said in a statement accompanying the introduction. “For too long, foreign nationals have exploited the process of birthright citizenship through loopholes like birth tourism, devaluing what it means to be an American. My Birthright Citizenship Clarification Act safeguards the privilege of being a citizen of our great nation.”
The legislation was drafted in coordination with the Institute for Legislative Analysis (ILA), a data and policy group. ILA leadership stated that the statutory approach is a more practical alternative to a constitutional amendment.
“This bill was carefully crafted to follow the instructions provided by Justice Kavanaugh while still implementing every goal President Trump sought in his executive order,” said Ryan McGowan, CEO of the Institute for Legislative Analysis. “Calls to fix this crisis through a constitutional amendment do not acknowledge political reality. This bill represents the most feasible path for conservatives to actually stop birth tourism and restore the proper meaning of American citizenship.”
Supporters anticipate the bill will face legal scrutiny but believe it rests on solid constitutional footing based on recent judicial opinions.
“As Justices Thomas, Alito and Gorsuch made clear, President Trump’s executive order was consistent with the Citizenship Clause and the Supreme Court’s 1898 decision in United States v. Wong Kim Ark,” said Fred McGrath, President of the Institute for Legislative Analysis. “Justice Kavanaugh has made clear that Congress holds the authority to resolve the statutory conflict. By moving through Congress, the Birthright Citizenship Clarification Act directly addresses that concern.”
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