Senator Schmitt warns Supreme Court’s birthright citizenship ruling helps China

FIRST ON FOX: Amid a flurry of fist-pumping Republicans at the Supreme Court, a Senate Republican is warning of the national security ramifications of the court’s bombshell birthright ruling.

Sen. Eric Schmitt, R-Mo., worries that the court’s 6-3 decision leaves America particularly vulnerable to threats from China. In an interview with Fox News Digital, he outlined a multi-step path lawmakers and the administration could take to address this problem.

“I want to do this because I truly believe that the future of our country is at stake,” Schmitt said. “We cannot allow Chinese generals to send their wives to this country to give birth, come back for 18 years, and then come back and become citizens. This is insane.”

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While some lawmakers want constitutional amendments and others seek to pass legislation, Schmitt has a foot on both sides. The end result, he suggested, is “a short-term, medium-term and long-term solution.”

“In the short term, executive action is what we can take in the medium term, and the long-term solution is constitutional amendment,” Schmitt said. he said. “I think we should keep track of all of this.”

He said the clearest way to challenge the court’s decision would be through constitutional amendment, but legislation might be a more realistic route. To do just that, he is following in the footsteps of Supreme Court Justice Brett Kavanaugh.

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In the court’s ruling, Kavanaugh wrote, “Congress may amend or otherwise enact new legislation, consistent with the Fourteenth Amendment, establishing exceptions to birthright citizenship for children born into the country illegally or temporarily to parents of foreign nationality.” he wrote. “But Congress hasn’t done that yet.”

Schmitt’s legislation would clarify the language of the 14th Amendment. The court interpreted the text’s “subject to jurisdiction” to mean that all children born in the United States were automatically granted citizenship.

His plan was to change the language to include “not subject to a foreign power,” which he claimed would return the 14th Amendment to its original intent and prevent foreign enemies from quietly acquiring citizenship.

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DF-17 Dongfeng medium-range ballistic missiles equipped with the DF-ZF hypersonic glide vehicle are displayed during a military parade marking the 70th anniversary of the People’s Republic of China. (Zoya Rusinova/TASS via Getty Images)

“I think that would go back to what it should mean that the court did wrong, and that would give us the opportunity to potentially overturn the decision because Congress has made that clear,” Schmitt said.

But like nearly every legislative move in the Senate, the 60-vote filibuster threshold is an obstacle.

That means Schmitt or any Republican pushing a birthright bill would need Democratic support to pass.

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Schmitt pointed to the Immigration Stabilization Act, a 1993 bill by the late former Senate Majority Leader Harry Reid that, among other things, sought to amend the 14th Amendment to prevent children of illegal immigrants born in the United States from gaining citizenship; It was a sign that, at one point, Democrats supported what he and Republicans stood for.

“It wasn’t that long ago that Harry Reid had legislation to deal with this issue,” he said. “So, you know, will the Democrats be a party that has learned its lesson from the years when Biden had open borders and brought 15 to 20 million people here illegally?”

“They don’t believe in sovereignty, where we can tell people who can come and who can go,” Schmitt continued. “Are they like that, or are they going to make a shift to where the American people are?”