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Birthright citizenship was never meant to be a global punch card. But that’s exactly what it is now.
America has been treated like an all-you-can-eat loophole buffet by foreign nationals who understand our laws and screwy systems way better than the politicians who bury their heads in the sand. Come to the US, exploit the loophole, secure your USA passport, and head right back home. The system resets, and the cycle starts all over again for the next foreigner with a bun in the oven.
Americans were sold a bill of goods when it comes to birthright citizenship.
Americans have been repeatedly told that the first sentence of the 14th Amendment makes it clear that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” But the phrase “subject to the jurisdiction thereof” has many interpretations.
Under “consent theory,” legal scholars who reject universal birthright citizenship argue that full jurisdiction requires mutual political consent.
According to this view, an illegal immigrant is not fully “subject to the jurisdiction” of the United States merely by being physically present. Instead, the United States, as a sovereign nation, must affirmatively consent to the person’s presence and membership within its borders and political community.
Without that consent, the argument goes, illegal aliens, and their children born on American soil lack the jurisdictional relationship the Fourteenth Amendment requires for automatic birthright citizenship.
Yet, we have also been told that in 1898, the Supreme Court affirmed that anyone born on U.S. soil is a citizen and that this argument has been settled. This is untrue.
Contrary to proponents of mass immigration, the oft-cited United States v. Wong Kim Ark did not decide the question of children born to illegal immigrants, or even temporary legal immigrants, such as guest workers, but rather only immigrants with lawful, permanent residency.
The truth is, no Supreme Court case has ever held that the children of illegal immigrants are constitutionally required to become citizens at birth. Because the legal category “lawful permanent resident” did not exist in 1898, Wong’s parents were considered “lawfully domiciled” in the U.S. under common law because there was no statute making their presence unlawful.
As such, the Supreme Court has never ruled on whether the children of illegal immigrants are covered by the Citizenship Clause, which is why the legal battle over Trump’s executive order has now made its way to the Supreme Court.
So despite what “experts” on CNN repeatedly say, the 14th Amendment is anything but clear on birthright citizenship.
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President Trump is trying to shut all that down, and right on cue, the left is fighting him every step of the way. Now the Supreme Court is preparing to weigh in, and the stakes are high. Not just for immigration policy, but for what American citizenship actually means.
For nearly 160 years, the 14th Amendment of the US Constitution has established the principle that anyone born in the country is a US citizen, with exceptions for children born to diplomats and foreign military forces.
The language of the amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
Trump’s executive order seeks to deny citizenship to the children of people who are either in the US illegally or are in the country on temporary visas. It is part of the Trump administration’s broader effort to reform the nation’s immigration system and combat what they have called “significant threats to national security and public safety”.
The administration has argued the 14th Amendment clause “subject to the jurisdiction thereof” means the amendment excludes children of people who are not in the country permanently or lawfully.
But while bigwigs in the Swamp are arguing over commas and legal clauses, something much uglier has been brewing right under our noses.
Foreign billionaires are exploiting the “birthright” system in a way most Americans would never believe. These Chinese elites are sending sperm and eggs to the United States, paying American women to carry and give birth to their children, and then collecting a US passport for the newborn before flying the little bundle of joy back home to China.
https://twitter.com/realjeremycarl/status/2000316787267883379
American citizenship means so little that it’s been reduced to something transactional, purchased, processed, and exported like any other random product.
Some Chinese parents […] pay millions in surrogacy fees to hire women in the U.S. to help them build families of jaw-dropping size. Xu calls himself “China’s first father” and is known in China as a vocal critic of feminism. On social media, his company said he has more than 100 children born through surrogacy in the U.S.
Another wealthy Chinese executive, Wang Huiwu, hired U.S. models and others as egg donors to have 10 girls, with the aim of one day marrying them off to powerful men, according to people close to the executive’s education company.
Other Chinese clients, usually seeking more typical numbers of babies, are high-powered executives lacking the time and inclination to bear their own children, older parents or same-sex couples, according to people who arrange surrogacy deals and work in surrogacy law. All have the wealth to go outside China while maintaining the privacy needed to manage potential logistical, publicity and legal issues back home. Some have the political clout to avoid censure.
The market has grown so sophisticated, experts say, that at times Chinese parents have had U.S.-born children without stepping foot in the country. A thriving mini-industry of American surrogacy agencies, law firms, clinics, delivery agencies and nanny services—even to pick up the newborns from hospitals—has risen to accommodate the demand, permitting parents to ship their genetic material abroad and get a baby delivered back, at a cost of up to $200,000 per child.
The growing Asian market for international fertility services has drawn the attention of American investors, including Peter Thiel, whose family office has backed a chain of IVF clinics across Southeast Asia and a recently opened branch in Los Angeles.
Most U.S. states don’t bar international parents from working with American surrogates. Chinese law doesn’t strictly prohibit its citizens from going overseas for surrogacy, but officials have criticized it. Stories of Chinese celebrities or government officials working with overseas surrogates have sometimes caused scandal among the public at home, which tends to view surrogacy as ethically dubious and exploitative.
The babies born in the U.S. are U.S. citizens by virtue of the 14th Amendment. The idea of foreign nationals using the Constitution’s guarantee of citizenship has long been a political flashpoint.
In 2020, the State Department moved to curb so-called birth tourism, tightening visa rules for women suspected of visiting the U.S. to give birth. In January, Donald Trump issued an executive order denying citizenship to children born in the U.S. unless one of their parents was a citizen or permanent legal resident, which is being reviewed by the Supreme Court. It’s unclear if either regulation would apply to foreigners working with surrogates who are Americans.
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Thanks to this screwy system, one billionaire has managed to rack up more than 100 rugrats with US citizenship. Another has openly talked about using his US-born daughters for leverage and connections. And behind all of this is an entire industry that makes it super easy to do all of this… from surrogacy agencies and lawyers to clinics, couriers, and even nannies, everything is built around turning American citizenship into something you can buy, package, and ship.
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