Politics
Senate Republicans introduce bill to reform birthright citizenship, following Trump’s controversial order
Following President Donald Trump’s controversial day-one executive order attempting to end birthright citizenship for the children of illegal immigrants, several Senate Republicans have introduced a bill that would reform U.S. law to accomplish exactly that.
Titled the “Birthright Citizenship Act of 2025,” the bill would end the practice of automatically conferring citizenship status on people born in the U.S. of parents who are either illegal aliens or who are in the country legally on a temporary basis. The bill was introduced in the Senate on Jan. 31 by Republican Sens. Lindsey Graham of South Carolina, Katie Britt of Alabama and Ted Cruz of Texas.
The bill’s sponsors said in a statement that the measure would address what they called “one of the biggest magnets for illegal immigration,” which they believe poses a weakness to national security.
TRUMP ORDER ENDING BIRTHRIGHT CITIZENSHIP FOR ILLEGAL IMMIGRANTS IS CONSTITUTIONAL, EXPERT SAYS
Sen. Lindsey Graham, R-S.C., left, joined by Sen. Ted Cruz, R-Texas, during a news conference at the Capitol in Washington, Thursday, May 9, 2024. (AP Photo/J. Scott Applewhite)
The Center for Immigration Studies (CIS) estimates there are 33,000 births to tourist women in the U.S. annually. CIS further estimates that there are hundreds of thousands more births to illegal aliens or aliens present on temporary visas.
A 2022 report by the Senate Committee on Homeland Security and Governmental Affairs revealed the existence of several “birth tourism” companies in the U.S., including one called “Miami Mama” that catered to wealthy Russian clients looking to gain legal status in the U.S.
“It is long overdue for the United States to change its policy on birthright citizenship because it is being abused in so many ways,” Graham said in the Friday statement.
He pointed to the practice of birth tourism, which he said was enabling “wealthy individuals from China and other nations to come to the United States simply to have a child who will be an American citizen.”
NEARLY 2 DOZEN STATES SUE TRUMP ADMIN OVER BIRTHRIGHT CITIZENSHIP ORDER: ‘UNPRECEDENTED’
A man plays with a child while waiting with other migrants from Venezuela near a bus station after being released from U.S. Border Patrol custody in El Paso, Texas, U.S., September 13, 2022. (REUTERS/Jose Luis Gonzalez)
“When you look at the magnets that draw people to America, birthright citizenship is one of the largest,” said Graham. “I also appreciate President Trump’s executive order to address birthright citizenship. It is time for the United States to align itself with the rest of the world and restrict this practice once and for all.”
Currently, standard practice in the U.S. is to grant automatic citizenship to all children born on U.S. soil. This has been the practice only since the 1960s and is based on what some believe is a flawed interpretation of the 14th Amendment, which reads that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
The Birthright Citizenship Act of 2025 would clarify that to meet the “subject to the jurisdiction thereof” clause, a person born in the U.S. must have at least one parent who is a citizen, national, legal permanent resident, or legal alien serving in the U.S. military on active duty.
The law clarifies that it would not affect the citizenship of anyone born before the law’s passage and would only restrict the citizenship of those born in the U.S. after.
22 STATES CHALLENGE TRUMP’S ‘UNCONSTITUTIONAL’ BIRTHRIGHT CITIZENSHIP ORDER
US President Donald Trump speaks with US Border Patrol Chief Rodney Scott (R) as they participates in a ceremony commemorating the 200th mile of border wall at the international border with Mexico in San Luis, Arizona, June 23, 2020. (SAUL LOEB/AFP )
CLICK HERE FOR MORE IMMIGRATION COVERAGE
This comes after Trump signed an executive order titled “Protecting the Meaning and Value of American Citizenship” on his first day in office. The order, which has since been temporarily blocked by a court ruling, directed government agencies to refrain from issuing any documents recognizing the citizenship of any children born in the U.S. to illegal and temporary migrants.
Hans von Spakovsky, a senior legal fellow at the Heritage Foundation, told Fox News Digital that he believes “if this issue gets to the Supreme Court, and it is highly likely that it will, if the court applies the actual text of the amendment and looks at its legislative history — what the sponsors of the bill said at the time — and follows its own precedents in the three cases that looked at this issue, then they will rule in Trump’s favor. This bill would simply clarify what we already know about the amendment and its intent.”
“The most important point here is that this bill is not trying to amend the 14th Amendment,” he said. “It is simply explaining what the terms of the 14th Amendment mean.”
“I think it is important for Congress to reemphasize what it said when it first sponsored and passed the 14th Amendment: that the phrase ‘subject to the jurisdiction’ of the U.S. would not apply to the child of an alien who is illegally in the U.S. and is, when born, a citizen of the country of the child’s parents, and therefore not subject to the jurisdiction of the U.S.,” he went on. “The current statute, 8 USC 1401, simply repeats the language of the 14th Amendment. It has been totally misinterpreted in recent decades by those who mistakenly say the amendment and the federal law only require birth in the U.S.”
TRUMP ADMIN HITS BACK AS ACLU LAUNCHES LAWSUIT ON BIRTHRIGHT CITIZENSHIP: ‘READY TO FACE THEM’
Sen. Katie Britt, R-Ala. (Kevin Dietsch/Getty Images)
Echoing the language used in Trump’s order, Britt said that “the promise of American citizenship should not incentivize illegal migration, but that’s exactly what has happened for far too long.”
“It’s time to fix this,” said Britt. “Senator Lindsey Graham’s and my Birthright Citizenship Act would codify President Trump’s commonsense stance and end the abuse of birthright citizenship that I do not believe is consistent with the original meaning of the 14th Amendment’s Citizenship Clause. This will protect our nation’s sovereignty, disincentivize illegal migration, and ensure America’s citizenship practices are stronger and better aligned with peer countries around the globe.”
This comes after House Science and Technology Committee Chairman Brian Babin, R-Texas, introduced a bill on Jan. 21 to similarly clarify that the 14th Amendment does not include children of those who are in the country illegally or on a temporary basis.
Politics
House Republicans push Johnson to go to war with Senate over SAVE Act
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Several House Republicans are pushing Speaker Mike Johnson, R-La., to go to war with the Senate GOP over an election security bill that has little chance of passing the upper chamber under current circumstances.
House GOP leaders convened a lawmaker-only call on Sunday in the wake of a massive military operation against Iran launched by the U.S. and Israel.
After leaders briefed House Republicans on how the chamber would respond to the ongoing conflict — including a vote on ending Democrats’ weeks-long government shutdown targeting the Department of Homeland Security (DHS) — Fox News Digital was told that several lawmakers raised concerns about the Senate not yet taking up the Safeguarding American Voter Eligiblity (SAVE America) Act. Among other provisions, the act would require voters in federal elections to produce valid ID and proof of citizenship.
Rep. Derrick Van Orden, R-Wis., was among those pushing the House to reject any bills from the Senate until the measure was taken up, telling Johnson according to multiple sources on the call, “If we don’t get this done, or at least show that we’ve got some backbone, we’re done. The midterms are over.”
Speaker of the House Mike Johnson, R-La., pauses for questions from reporters as he arrives for an early closed-door Republican Conference meeting at the Capitol in Washington, Tuesday, Feb. 3, 2026. (J. Scott Applewhite/AP Photo)
At least three other House Republicans shared similar concerns. Sources on the call said Rep. Brandon Gill, R-Texas, argued that GOP voters were “not enthused” heading into November and that “the single biggest thing” to turn that around would be forcing the Senate to pass the SAVE America Act.
The SAVE America Act passed the House last month with support from all Republicans and just one Democrat, Rep. Henry Cuellar, D-Texas.
JEFFRIES ACCUSES REPUBLICANS OF ‘VOTER SUPPRESSION’ OVER BILL REQUIRING VOTER ID, PROOF OF CITIZENSHIP
Republicans have pointed out on multiple occasions that voter ID measures have bipartisan support across multiple public polls and surveys. But Democrats have dismissed the legislation as an attempt at voter suppression ahead of the 2026 midterms.
Senate Majority Leader John Thune speaks at a press conference with other members of Senate Republican leadership following a policy luncheon in Washington, D.C. on Oct. 28, 2025. (Nathan Posner/Anadolu via Getty Images)
The legislation would require 60 votes in the Senate to break filibuster, which it’s likely not to get given Democrats’ near-uniform opposition. But House Republicans have pressured Senate Majority Leader John Thune to use a mechanism known as a standing filibuster to circumvent that — which Thune has signaled opposition to, given the vast amount of time it would take up in the Senate and potential unintended consequences in the amendment process.
It also comes as Congress grapples with the fallout from the strikes on Iran and the need to ensure safety for the U.S. domestically and for service members abroad, both of which will require close coordination between the two chambers.
Johnson told Republicans several times on the Sunday call that he was privately pressuring Thune on the bill but was wary of creating a public rift with his fellow GOP leader, sources said.
HARDLINE CONSERVATIVES DOUBLE DOWN TO SAVE THE SAVE ACT
“If we’re going to go to war against our own party in the Senate, there may be implications to that,” Johnson said at one point, according to people on the call. “So we want to be thoughtful and careful.”
Sen. Mike Lee, R-Utah, talks with a guest during a “Only Citizens Vote Bus Tour” rally in Upper Senate Park to urge Congress to pass the Safeguard American Voter Eligibility (SAVE) Act on Wednesday, Sept. 10, 2025. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
At another point in the call, sources said Rep. Andrew Clyde, R-Ga., suggested pairing a coming vote on DHS funding with the SAVE America Act in order to force the Senate to take it up.
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But both Johnson and House Homeland Security Committee Chairman Andrew Garbarino, R-N.Y., were hesitant about such a move given the enhanced threat environment in the wake of the U.S. operation in Iran.
Both spoke out in favor of the SAVE America Act, people told Fox News Digital, but warned the current situation merited leaving the DHS funding bill on its own in a bid to end the partial shutdown, so the department could fully function as a national security shield.
Politics
Trump justifies Iran attack as Congress and others raise objections
According to President Trump, the United States attacked Iran because the Islamic Republic posed “imminent threats” to the U.S. and its allies, including through its use of terrorist proxies and continued pursuit of nuclear weapons.
“Its menacing activities directly endanger the United States, our troops, our bases overseas and our allies throughout the world,” he said in a recorded statement Saturday.
According to leading Democrats in Congress, Trump’s justification is questionable, especially given his claims of having “completely obliterated” Iran’s nuclear capabilities in separate U.S. bombings last June.
“Everything I have heard from the administration before and after these strikes on Iran confirms this is a war of choice with no strategic endgame,” said Rep. Jim Himes (D-Conn.), ranking Democrat on the House Intelligence Committee and part of a small group of congressional leaders — the Gang of Eight — who were briefed on the operation by Secretary of State Marco Rubio.
That divide is bound to remain an issue politically heading into this year’s midterm elections, and could be a liability for Republicans — especially considering that some in the “America First” wing of the MAGA base were raising their own objections, citing Trump’s 2024 campaign pledges to extricate the U.S. from foreign wars, not start new ones.
The debate echoed a similar if less immediate one around President George W. Bush’s decision to go to war in Iraq following the Sept. 11, 2001, attacks, also based on claims that “weapons of mass destruction” posed an immediate threat. Those claims were later disproved by multiple findings that Iraq had no such arsenal, fueling recriminations from both political parties for years.
The latest divide also intensified unease over Congress ceding its wartime powers to the White House, which for years has assumed sweeping authority to attack foreign adversaries without direct congressional input in the name of addressing terrorism or preventing immediate harm to the nation or its troops.
Even prior to the weekend bombings, Democrats including Sen. Adam Schiff of California were pushing Congress to pass a resolution barring the Trump administration from attacking Iran without explicit congressional authorization.
“President Trump must come to Congress before using military force unless absolutely necessary to defend the United States from an imminent attack,” Sen. Tim Kaine (D-Va.), a member of the armed services and foreign relations committees, said in a statement Thursday.
In justifying the daylight strikes that killed Supreme Leader Ayatollah Ali Khamenei just two days later, Trump accused the Iranian government of having “waged an unending campaign of bloodshed and mass murder” for nearly half a century — including through attacks on U.S. military assets and commercial shipping vessels abroad — and of having “armed, trained and funded terrorist militias” in multiple countries, including Hezbollah and Hamas.
Trump said that after the U.S. bombed Iran last summer, it had warned Tehran “never to resume” its pursuit of nuclear weapons. “Instead, they attempted to rebuild their nuclear program and to continue developing long-range missiles that can now threaten our very good friends and allies in Europe, our troops stationed overseas, and could soon reach the American homeland,” he said.
Other Republican leaders largely backed the president.
“The United States did not start this conflict, but we will finish it. If you kill or threaten Americans anywhere in the world — as Iran has — then we will hunt you down, and we will kill you,” said Defense Secretary Pete Hegseth.
“Every president has talked about the threat posed by the Iranian regime. President Trump is the one with the courage to take bold, decisive action,” said Atty. Gen. Pam Bondi.
While Iran’s coordination with and sponsorship of groups such as Hezbollah and Hamas are well known, Trump’s claims about Tehran’s ongoing development of nuclear weapons systems are less established — and the administration has provided little evidence to back them up.
Democrats seized on that lack of fresh intelligence in their responses to the attacks, contrasting Trump’s latest statements about imminent threats with his assertion after last year’s bombings that the U.S. had all but eliminated Iran’s nuclear aspirations.
“Let’s be clear: The Iranian regime is horrible. But I have seen no imminent threat to the United States that would justify putting American troops in harm’s way,” said Sen. Mark Warner (D-Va.), vice chairman of the Senate Intelligence Committee and a member of the Gang of Eight. “What is the motivation here? Is it Iran’s nuclear program? Their missiles? Regime change?”
Senate Minority Leader Chuck Schumer (D-N.Y.) said in a statement that the Trump administration “has not provided Congress and the American people with critical details about the scope and immediacy of the threat,” and must do so.
House Minority Leader Hakeem Jeffries (D-N.Y.) said the Trump administration needs congressional authority to wage such attacks barring “exigent circumstances,” and didn’t have it.
“The Trump administration must explain itself to the American people and Congress immediately, provide an ironclad justification for this act of war, clearly define the national security objective and articulate a plan to avoid another costly, prolonged military quagmire in the Middle East,” he said.
After the U.S. military announced Sunday that three U.S. service personnel were killed and five others seriously wounded in the attacks, the demands for a clearer justification and new constraints on Trump only increased.
Rep. Ro Khanna (D-Fremont) said Sunday he is optimistic that Democrats will be unified in trying to pass the war powers resolution, and also that some Republicans will join them, given that the strikes have been unpopular among a portion of the MAGA base.
Rep. Thomas Massie (R-Ky.), who partnered with Khanna to force the release of the Jeffrey Epstein files, has said he will work with him again to push a congressional vote on war with Iran, which he said was “not ‘America First.’”
Benjamin Radd, a political scientist and senior fellow at the UCLA Burkle Center for International Relations, said that whether or not Iran represented an “imminent” threat to the U.S. depends not just on its nuclear capabilities, but on its broader desire and ability to inflict pain on the U.S. and its allies — as was made clear to both the U.S. and Israel after the Hamas attacks on Israel on Oct. 7, 2023, which Iran praised.
“If you are Israel or the United States, that’s imminent,” he said.
What happens next, Radd said, will largely depend on whether remaining Iranian leaders stick to Khamenei’s hard-line policies, or decide to negotiate anew with the U.S. He expects they might do the latter, because “it’s a fundamentalist regime, it’s not a suicidal regime,” and it’s now clear that the U.S. and Israel have the capabilities to take out Iranian leaders, Iran has little ability to defend itself, and China and Russia are not rushing to its aid.
How the strikes are viewed moving forward may also depend on what those leaders decide to do next, said Kevan Harris, an associate professor of sociology who teaches courses on Iran and Middle East politics at the UCLA International Institute.
If the conflict remains relatively contained, it could become a political win for Trump, with questions about the justification falling away. But if it spirals out of control, such questions are likely to only grow, as occurred in Iraq when things started to deteriorate there, he said.
Israel and the U.S. are betting that the conflict will remain manageable, which could turn out to be true, Harris said, but “the problem with war is you never really know what might happen.”
On Sunday, Iran launched retaliatory attacks on Israel and the wider Gulf region. Trump said the campaign against Iran continued “unabated,” though he may be willing to negotiate with the nation’s new leaders. It was unclear when Congress might take up the war powers measure.
Politics
Video: Trump’s War of Choice With Iran
new video loaded: Trump’s War of Choice With Iran
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