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The Supreme Court just put a stop to the White House’s shortcut to end birthright citizenship. But the fight is far from over. After Chief Justice John Roberts’ opinion kept the 14th Amendment intact, the Justice Department and Republican lawmakers jumped into action — promising prosecutions, visa rules, and new bills aimed at the ugly business of “birth tourism.”
What the Court actually decided — and the narrow opening
The Court’s majority kept the old rule: children born here under the 14th Amendment are citizens. That means an executive order could not wipe away birthright citizenship. Still, Justice Brett Kavanaugh wrote a concurrence that hinted Congress might be able to change some rules by statute. Republican senators and House members immediately seized on that tiny crack. Senator Eric Schmitt says he will file legislation, Rep. Andy Ogles rolled out the “Anchors Away Act,” and Senator John Cornyn is pushing tougher criminal penalties and removals for birth‑tourism networks.
DOJ, visas and enforcement — the real near‑term fight
Since the ruling, the Department of Justice told U.S. attorneys to prioritize cases tied to birth‑tourism schemes. The memo points prosecutors at visa fraud, wire fraud, money‑laundering and identity theft tied to these networks. The State Department also warned that people who travel here primarily to give birth may lose future visa privileges. Those are the practical levers the administration can pull fast — and they matter. Lawsuits will come, but enforcement and visa screening are where results can happen quickly.
What Congress can and cannot do
Congress has options, but they’re limited. A constitutional fix is theoretically possible but politically impossible right now — amendments need two‑thirds of both chambers and three‑quarters of states. So lawmakers are focusing on statutes: make pregnant visitors inadmissible, criminalize facilitators, tighten visa rules, and fund tougher investigations. Those moves won’t rewrite the 14th Amendment. But they can choke off the business model of birth tourism, raise costs for smugglers, and protect taxpayer funds and local hospitals under strain.
Keep pushing, but be honest about the terrain
Conservatives should applaud the pushback and press for real enforcement — not theater. Demand prosecutions, better visa vetting, and laws that hit the middlemen who sell birthright like a tourist package. At the same time, stop pretending a simple law will erase a constitutional guarantee overnight. Use the Kavanaugh concurrence as a tool, not a magic wand. If Republicans are serious about sovereignty and fiscal common sense, they’ll use every lawful tool to stop the scam and keep holding the line — even if it means litigating and legislating smarter, not louder.
