Gaetz introduced the bill on the day before the House Judiciary Committee questioned Department of Homeland Security Secretary Alejandro Mayorkas.
In announcing the bill, Gaetz stated that for decades automatic birthright citizenship has been “grossly misapplied.” He added that the bill would make citizenship a “privilege to be earned” instead of a “loophole to be exploited.”
The 14th Amendment’s interpretation of the Immigration and Nationality Act would be amended by the bill to reflect the “original intent” of the “subject to the jurisdiction thereof” clause. The bill details the entire history of the clause from the proposal to the adoption of the amendment.
The End Birthright Citizenship Fraud Act of 2023 would bar the children of illegal migrants born in the United States from receiving the automatic citizenship currently given to the children. A provision is included in the bill that excludes migrants who are lawfully admitted refugees that are non-citizens, those who work with the military, or permanent residents.
According to the bill, an average of 33,000 women each year enter the United States to give birth and, via their “anchor babies,” claim citizenship. The says that the loophole in the current legislation has created “an entire black market” of birth tourism. The proposed bill would close the loophole.
Gaetz is not the first to discuss ending automatic birthright citizenship. It has become the focus of many candidates for the 2024 Republican nomination for president as well.
In May, former President Donald Trump promised if he was re-elected that he would address the topic on his first day back in office. In June, Florida Gov. Ron DeSantis announced immigration reform proposals that included ending birthright citizenship.
And this month, Vivek Ramaswamy, stated the current interpretation was “abandonment of the rule of law.”
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