After the Supreme Court ruled against President Donald Trump’s motion to restrict birthright citizenship on Tuesday, both chambers of Congress are overseeing legislation that would stop foreign travelers from coming to the United States to give birth to child granted American citizen status.
In the upper chamber, Sen. Rick Scott, R-Fla., called on his colleagues to vote on his legislation, the SAFE KIDS Act, to address the gaps in U.S. surrogacy law.
“There has to be some value to American citizenship. We need to keep the rest of the world from exploiting our immigration system, and that includes letting adversarial nations like communist China use surrogacy to do it,” Scott said.
“We’ve already seen troubling cases of human trafficking and abuse linked to international surrogacy schemes, as our foreign adversaries prove willing to exploit every loophole they can to destroy us.”
In 2019, Immigration and Customs Enforcement arrested and charged a Chinese national, who later pleaded guilty to federal criminal charges, with running a “birth tourism” business that catered to wealthy pregnant clients and Chinese government officials. The business charged tens of thousands of dollars to help their children gain U.S. citizenship by being born in the United States.
In 2023 alone, the U.S. Center for Immigration Studies estimated that between 225,000 and 250,000 births stemmed directly from illegal immigration.
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If enacted into law, Scott’s bill would create a misdemeanor for brokers who knowingly or recklessly facilitate a prohibited commercial surrogacy agreement with citizens from a foreign adversarial nation and invalidate any commercial surrogacy agreement that is entered into with a citizen of a foreign adversarial nation.
Sen. Dan Sullivan, R-Alaska, has cosponsored the act.
Other conservative senators are now advocating for different measures to crack down on birthright tourism, such as restoring the original meaning of the Establishment Clause in the 14th Amendment of the Constitution.
“The [Supreme] Court adopted an interpretation that departs from the original meaning of the Constitution and incentivizes illegal immigration,” Sen. Ted Cruz, R-Texas, wrote on X. “Congress retains the authority to clarify federal law, and it should act immediately to restore the original meaning of the Citizenship Clause and protect the integrity of American citizenship.”
In the House of Representatives, Rep. Chip Roy, R-Texas, outlined steps the chamber can take to overrule the court’s decision.
“First, define the phrase ‘subject to the jurisdiction thereof’ very specifically to make clear that citizenship is tied to the citizenship of the parent, not the soil,” Roy told the Daily Signal. “Second, completely restrict funding from DHS or any other agency or state that provides documentation and status to anyone not subject to the ‘jurisdiction thereof.’”
Rep. Andy Ogles, R-Tenn., introduced legislation that, if enacted, would lead to “no more anchor babies.”
“In response [to the decision], I have just introduced the ANCHORS AWAY Act, legislation that BANS all pregnant aliens from entering the USA,” Ogles wrote on X.
In the social media post, Ogles wrote that his motivation to introduce the legislation was because “foreigners are being born on our soil, groomed by communists and globalists, and embedded into our society.”
“They are running for our political offices. They are collecting American benefits. And they are actively colonizing our country,” Ogles continued.
In a statement to the Daily Signal, Jeff Clark, vice president of litigation at the Oversight Project, endorsed the measures, adding that “Congress clearly has the power to restrict immigration flows to prevent birth tourism, which is designed to undermine, not support, the Constitution.”
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