What is an American?

By: Lisa Van Houten

As we commemorate the 250^th anniversary of our nation’s founding, the Supreme Court handed down a most egregious decision which undermines the sanctity of American citizenship and the very idea of what it means to be an American.

The U.S. Supreme Court blocked President Trump’s executive order restricting birthright citizenship and ruled that children born to illegal aliens who unlawfully entered our nation or born to foreign “birth tourists” on U.S. soil are recognized as U.S. citizens under the 14th Amendment.

The majority included Chief Justice Roberts, Amy Coney-Barrett (who has proven to be a major disappointment to constitutional jurisprudence), and the three liberal justices.  Brett Kavanaugh partially concurred with the ruling, stating that Trump’s executive order violated federal law, but he agreed with the dissent that there is no constitutional right to “birthplace citizenship” under the 14^th amendment.  Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented – with Thomas and Alito offering blistering rebukes of the majority decision.

The 14^th Amendment was ratified to right a terrible wrong by overturning the terrible Dred Scott decision and guaranteeing citizenship to former slaves and their children. However, as Alito pointed out in his dissent, the 14^th Amendment did not declare that anyone born on U.S. soil – no matter the circumstances, legality of their presence, or national allegiance of their parents – must automatically be granted U.S. citizenship.  In fact, the author the Citizenship Clause of the 14^th Amendment literally explained during the debates that it would obviously not apply to illegal aliens or foreigners not allegiant to the United States, stating: “This 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 …”

The majority of the Court picked one phrase out of the Citizenship Clause of the 14^th Amendment, which states that, “All persons born or naturalized in the United States, … , are citizens of the United States and of the State wherein they reside.”  But they ignored the qualifying phrase in the middle of that sentence: “and subject to the jurisdiction thereof”.  Those words matter.  They were purposefully included for a reason and limit the granting of citizenship.  Those who broke our laws to enter our nation or are here on visitor visas are citizens of another country and under that nation’s jurisdiction – not ours.  In addition, those on visitor visas do not “reside” in a state.

Alito described the majority’s ruling as a “serious mistake” and “one of the most important decisions in the history of the Court.” He also wrote: “The Court’s interpretation also has national-security implications,” giving this example:

“Suppose that a person’s only connection to this country is that he was born here to a mother who was present just long enough to give birth and then quickly returned to her native country. Suppose that country is a strategic adversary or enemy of the United States. Suppose the child never visited the United States while growing up and was inculcated with hatred of this country. According to the Court, that person is a citizen of the United States. He can enter and leave the country as he pleases. He can travel the world on a United States passport. Even if he plots to harm this country, he cannot be deprived of his status as a citizen, at least under current precedent.”

Alito is describing the prolific “birthright tourism” which is already a major concern.  There is a massive “birthright citizenship” industry in adversarial nations such as China and Russia who fly pregnant women to the U.S. to deliver their child, who then fly home with a baby which has a U.S. passport, to be raised under antagonistic ideologies of enemy nations – with no allegiance to America or our founding principles. Those children can then return to the U.S. and not only vote in U.S. elections, serve on juries, but also run for office – including for U.S. president.  As Breccan Thies writes at the Federalist: “All they must do is show up, perhaps at the age of 35, and convince the many millions of foreigners already imported into the United States — and their white liberal enablers — to elect them as president.”  In 2020, The Center for Immigration Studies estimated that 33,000 women on tourist visas give birth to U.S. citizen babies every year.  I have no doubt that number is exponentially higher now and, after this Supreme Court ruling, will explode.

In addition, in 2023 nearly 10% of all births in the U.S. were from illegal aliens.  After the open border under Biden, that number is also likely higher now.  And eventually, a Democrat will once again occupy the White House and our borders will once again be thrown wide open to those who will enjoy the handouts and benefits, but have no interest in assimilating to our common language, culture, and values. Therefore, they will not raise the “American citizens” they give birth to to uphold the beliefs and obligations that American citizenship should require.

American citizenship should not be a trophy or souvenir given to those who step onto American soil to give birth or those who show they have no regard for our laws with their very entry into our country.

Granting citizenship under these circumstances makes the concept of citizenship meaningless. American citizenship is a bond of allegiance and duty, of shared values and a love for liberty.

As Clarence Thomas wrote in his dissent: “The Citizenship Clause ‘added greatly to the dignity and glory of American citizenship.’ … Today’s opinion devalues that citizenship.”

With this terrible ruling from the U.S. Supreme Court, the stage is set for the complete transformation of America – and the foundation of faith and freedom we celebrate this weekend, may soon be destroyed.

As Abraham Lincoln stated in the Gettysburg Address: “Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure.”

We are now facing another type of civil war within our nation, a battle over what is an American.

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