Trump’s Vile New Birthright Stance Is So Toxic, Even Fox Admits It

After the Supreme Court handed Donald Trump a major defeat by upholding birthright citizenship last month, an angry Trump took to Truth Social to urge Republican lawmakers to overturn it with legislation. “Congress should start TODAY,” Trump demanded, adding: “No long and unwieldy Constitutional Amendment is necessary!”

That’s nonsense—five justices affirmed that just about all children born on U.S. soil, including those with undocumented parents, are citizens under the Fourteenth Amendment. But House Speaker Mike Johnson knows he must appear prepared to obey Trump’s command, so on Fox News Sunday, he declared that House Republicans are examining ways to undo what the Constitution says.

“If there’s some legislative fix, we’ll advance that immediately,” Johnson insisted. Note the word “immediately,” which seems to mean “between now and Election Day.” Is this something vulnerable House Republicans will really want to vote on?

Doubtful. Indeed, look carefully and you’ll see the beginnings of a pattern: Republicans like Johnson—who know this would be extremely unpopular—are conjuring up a new tone and new language designed to recast it as a modest step, and not as the radical upheaval it would truly represent. Just watch Johnson’s full quote on this matter:

Birthright citizenship might require a mere “legislative fix,” Johnson says, because under it, citizenship has been “devalued” by “birth tourism.” That last phrase has long been a noxious rallying cry on the anti-immigrant right. But in Johnson’s hands, it’s meant to portray the birthright citizenship “problem” as no biggie, as a trivial matter that just needs a little patching up. And note the oh-so-casual tone he strikes throughout, as if he’s discussing an adjustment to marginal tax rates.

Or take Vice President JD Vance, who recently described ending birthright citizenship in similarly bland terms. “It’s fundamentally a loophole that exists in our immigration system that rewards illegal aliens,” Vance said on Fox News Sunday. “There are a number of things that we’re already looking at to close that loophole.”

Note Vance’s repetition of the word “loophole,” which seems suspiciously deliberate. Why, this would be a mere tweak—akin to a new coat of paint on the garage door or oiling a squeaky hinge, you see.

Theoretically, Johnson and Republicans could write legislation that, say, prohibits the grant of citizenship to any babies born to one or two parents who entered illegally and/or were undocumented at the time of the birth. Right now, such a bill would presumably be upheld as constitutional by “only” four Supreme Court justices: Samuel Alito, Clarence Thomas, and Neil Gorsuch voted to overturn birthright citizenship on constitutional grounds, and Brett Kavanaugh sided with the majority but only on a statutory basis, not a constitutional one.

That’s alarming. It means only five justices now believe birthright citizenship is a “foundational guarantee,” explains Slate’s Mark Joseph Stern, so opponents need only to “nab one more vote” on the court to create a majority to uphold a congressional statute ending it. So Republicans might try to pass something that might be invalidated now but could test the court again—and lay the groundwork for more efforts later, similar to how Roe v. Wade foes chipped away at it for years before succeeding.

The irony to Johnson’s effort to make all this sound trivial is that the problem he identifies—people coming into our country solely to have a baby and scam the system into letting them stay—actually is very insignificant. A brief in the case by over 100 specialists in social science, demography, and other fields notes that the government’s own numbers put such births at far less than 1 percent of overall U.S. births. And even that low figure is almost certainly wrong: The real total, they detail, is far more “infinitesimal.”

But the change that Republicans are contemplating would be a moral, substantive, humanitarian, and constitutional earthquake. As Amanda Frost explains, ending birthright citizenship could lead to hundreds of thousands of newborn babies per year going forward remaining undocumented. That would mean they have less earning power as adults, harming the economy. Alternatively, if they are removed (or not born here at all), that means a future of national demographic decline.

Here it’s critical to stress that the overwhelming majority of those people would not be the children of “birth tourists.” They wouldn’t be the children of people who came here solely to have babies and are getting “rewarded” for this, as it doesn’t earn the parents legal status in any case. Instead, the parents constitute families already in the process of immigrating here for the same reasons immigrants long have done—to participate productively in our economy and communities and, ultimately, in our democracy.

So while Johnson and Vance are aiming their rhetoric at “birth tourists”—an easy-to-demonize group—their actual concern is with the much larger class of people who want to settle here for reasons that are recognizably American. That’s who they want to keep out.

Further underscoring the point, don’t overlook Johnson’s assertion that our citizenship is being “devalued” by birthright citizenship. Two of the justices—Thomas and Alito—used similar terms, insisting the children of undocumented immigrants “devalue” and “degrade” American citizenship more broadly. That’s extremely loaded language: As Adam Serwer notes, it echoes Civil War–era language about freedom for enslaved people “degrading” the white race, thus casting all those undocumented children as fundamentally “inferior” to other American-born children.

Which is ultimately why all this strikes so hard at our constitutional order. Ketanji Brown Jackson’s concurrence forcefully points out that birthright citizenship enshrines the promise of equality in part precisely by overturning “bloodline” as the “marker” of belonging. The key is that the child’s status should not be hereditary. Vance and Johnson want to undo that, reversing what Jackson calls the Fourteenth Amendment’s destruction of “racial caste.”

So let’s step back and really appreciate Johnson’s vile two-step. He claims in passing that birthright citizenship “devalues” American citizenship, casually endorsing a disgusting attack on the hallowed principle that a child’s status should depend on birthplace, not heritage or inheritance. Undoing this would be seismic, yet he frames it as a mere “fix” to “birth tourism,” making it sound benign to those who might not immediately appreciate the grand principles at stake here.

“The new quote-unquote ‘fixes’ try to shift the public’s focus to the legal status of the parents, away from the geographical birthplace of the child,” Anna O. Law, a historian of immigration law, tells me. “For people who don’t know the history of the Fourteenth Amendment, it might sound plausible. But it would blow a huge hole in the U.S. Constitution. It’s deeply cynical.”

It would also be deeply, deeply unpopular. A recent Fox News poll found that 69 percent of Americans think a kid born to an “illegal immigrant” (Fox’s language) should “automatically become a U.S. citizen.” That includes 65 percent of noncollege white voters, 61 percent of rural whites, and even 57 percent of white evangelicals. As Fox quietly reported in March (how often do you hear this finding on the network?), relative to previous years, support for it is up.

To be sure, now that Trump and MAGA have taken up this cause, it might shift some Republican voters their way. Focus-grouping by The Bulwark’s Sarah Longwell shows some Trump voters are now echoing his own language about it.

But still: It’s very, very doubtful that Johnson really wants vulnerable House Republicans to vote on such legislation before the midterms. Yet he’s now been pushed into the position of keeping expectations for a legislative “fix” alive with MAGA—all because he’s required to pretend Trump’s command for legislation is rooted in something real. And Vance will have to champion this when his presidential run starts next year, no matter how unpopular it remains. When he does, he’ll use euphemisms like “loophole” to mask how wildly radical and destructive it is. And it’ll be squarely on us to prevent him, at all costs, from getting away with it.