Senator Tim Scott, a Republican from South Carolina, is proposing a plan to curb a multibillion-dollar global industry. His approach involves limiting birthright citizenship for children born in the US to women on tourism visas. This move comes after the Supreme Court blocked the Trump administration's effort to limit the right.
Scott argues that his plan could work, even with Democratic support. He believes that allowing children born in the US to women on temporary visas to become American citizens is illogical. "The whole concept of the 14th Amendment, that 'under the jurisdiction thereof,' if you are on vacation in America, you certainly should not have a child while you're here and think in any way, shape or form that kid is going to somehow, some way be an American citizen," he said.
Scott's legislation, still being drafted, targets tourism visas and aims to prevent children born in the US to women with these visas from becoming American citizens. He acknowledges that his plan needs Democratic support to pass the Senate. "That means that Democrats cannot have any opposition to this notion that thousands of companies having hundreds of thousands of women come to this country to have a baby so that they leave with an American citizen," Scott said.
The senator's approach differs from that of some of his Republican colleagues, who are pushing for a constitutional amendment to change the 14th Amendment. President Trump has expressed a preference for legislation over a constitutional amendment, calling the latter "long and unwieldy."
In the House, Representative Andy Ogles, a Republican from Tennessee, has introduced legislation aimed at cracking down on the birth tourism industry. The Anchors Away Act would allow the government to bar pregnant foreigners from entering the US. Ogles says his measure is necessary to prevent foreigners from giving birth on US soil to obtain citizenship for their children.
Ogles' legislation faces significant obstacles in Congress, and it is unclear whether the bill will get a floor vote in the House. He is also working on other legislation, including the Assimilation Act, which would impose changes to the legal immigration system, and the Remigration Act, which would allow the government to denaturalize individuals convicted of certain crimes.
Ogles believes that Congress has delegated its authority to the Supreme Court and that it is time for lawmakers to take action. "What we've seen over the last several decades is that Congress, quite frankly, has delegated its right to legislate to the Supreme Court," he said. "So this actually creates the opportunity for Congress to do its job."