When the 14th Amendment to the United States Constitution was ratified in 1868, it was meant to correct a grave injustice — to ensure that formerly enslaved people, who had been denied citizenship since the founding of our nation, were rightfully recognized as American citizens.
It was not — and never was — intended to serve as a loophole for illegal immigrants to gain a foothold in the U.S. by giving birth on American soil.
Yet here we are.
The concept of "birthright citizenship," once a narrowly applied corrective to slavery-era discrimination, has become a tool abused by those seeking to game our immigration system.
Worse still, it’s enabled by activist judges who twist the plain meaning of our laws and by politicians too weak to speak the truth.
Very recently, the high court heard arguments related to the Trump administration’s effort to end this abuse.
But instead of tackling the constitutional question head-on —whether children born to illegal immigrants are automatically entitled to U.S. citizenship — the debate is bogged down in procedural weeds.
Justices debated injunctions and legal technicalities.
Today’s arguments have to do with whether local justices have the authority to make rulings that impact the entire country, even if unconstitutionally.
This is a fundamental consequence of years of bastardization by players with agendas antithetical to our Constitution.
Let’s be clear.
The 14th Amendment says, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens."
That phrase — "subject to the jurisdiction thereof" — is key.
It was never intended to apply to foreign nationals who are in the country illegally.
The authors of the amendment were explicit about this.
They meant to exclude diplomats, foreign soldiers, and yes, illegal immigrants.
Even liberal legal scholars have acknowledged this original intent.
In fact, Sen. Jacob Howard of Michigan, who authored the citizenship clause, made clear on the Senate floor that it was meant to include freed slaves and exclude "persons born in the United States who are foreigners, aliens, [or] who belong to the families of ambassadors or foreign ministers."
Yet judicial activists in the 20th century began expanding the meaning of the clause far beyond its historical bounds.
And now, we have an entire system that incentivizes people to cross our borders illegally, have a child, and claim that child is an American citizen entitled to taxpayer-funded benefits.
It’s fundamentally absurd.
That’s not immigration.
That’s mass manipulation.
Now, we find ourselves waiting for a Supreme Court to debate a procedural issue that never should have been before it in the first place.
It’s long past time for conservatives to push back.
Unfortunately, many in the Republican establishment have been unwilling to confront this issue directly.
Perhaps it’s fear of political backlash, or concern over being labeled anti-immigrant. But defending the integrity of our Constitution is not anti-immigrant — it’s pro-law, pro-sovereignty, and pro-common sense.
Donald Trump understands this.
His administration’s push to reexamine birthright citizenship is not radical—it’s a necessary correction to decades of judicial overreach and legislative neglect. And yet, many fellow conservatives remain on the sidelines, hoping the courts will do their job for them.
They shouldn’t hold their breath.
If anything, this week’s oral arguments reveal that the Supreme Court, even with its current composition, is not prepared to restore clarity to the 14th Amendment anytime soon.
Instead of addressing the abuse of birthright citizenship, justices focused on the limits of executive power, procedural matters, and whether district judges can issue sweeping injunctions.
That’s not leadership.
It’s avoidance.
The American people are witnessing the enforcement of our own Constitution becoming a third rail of politics; that’s unacceptable.
America is a nation of laws.
We welcome legal immigrants with open arms.
But we cannot and should not continue to reward lawbreaking with the highest privilege our nation offers: citizenship.
The 14th Amendment is not a blank check. It was not meant to erase borders or override sovereignty. It was written to correct a historic injustice — not to create a modern one.
The fight for our Constitution is not just about text — it’s about courage.
Courage to say what is obvious.
Courage to reject lies that have calcified into precedent.
Courage to tell the American people the truth.
Birthright citizenship for illegal immigrants is a fiction. It always has been.
And unless we find the backbone to challenge it — both legally and legislatively — it will continue to erode the rule of law in this country.
We owe our citizens better. And we owe the Constitution our defense.
Jim Renacci is a former U.S. Congressman, businessman, and conservative leader dedicated to putting America first. Read More of His Reports — Here.
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