Sen. Cotton files legislation to end birthright citizenship for children born of illegal migrants

 June 6, 2024

President Joe Biden's immigration policies have, in effect, opened wide the gates and unfurled a "Welcome" banner as an invitation for unauthorized entry to millions of illegal migrants from around the world over the past few years.

Sen. Tom Cotton (R-AR) hopes to stem the cross-border migrant flood with newly-introduced legislation that would end "birthright citizenship" for children born in this nation of parents who are illegal immigrants, foreign spies, or foreign terrorists, according to Breitbart.

Birthright citizenship, arguably one of the biggest draws of illegal immigration, is the notion that anybody born within the borders of the United States is automatically granted citizenship, after which they then serve as an anchor to substantially reduce the chances of deportation for their illegal alien parents.

Cotton's proposed legislation

In an exclusive statement to Breitbart, Sen. Cotton said, "Criminals and terrorists have no right to take advantage of our citizenship laws for their own gain. This bill will protect United States citizenship and ensure it cannot be given under false pretenses."

The legislation, dubbed the Constitutional Citizenship Clarification Act, would amend the Immigration and Nationality Act to codify as law and build upon the prior Supreme Court-determined exceptions to birthright citizenship for the children of "ambassadors and invaders" to also include the children born of illegal aliens, foreign spies and terrorists, and other "hostile actors."

The document proclaims that "It is the sense of Congress that -- (2) the Supreme Court of the United States has long recognized that, under the principle of allegiance and obedience, the children of foreign diplomats or enemy troops born on United States soil are not entitled to birthright citizenship; and (3) under that same principle, the children of foreign spies, saboteurs, terrorists, or other hostile actors, as well as the children of illegal aliens, should not be entitled to birthright citizenship."

It further states that "The purposes of this Act are -- (1) to codify the common law exception to birthright citizenship for ambassadors and invaders; and (2) to clarify that other categories of disloyal or disobedient aliens are also subject to such exception."

If passed into law, the bill would amend the pertinent section of the INA to read: "Provided, That a person born in the United States shall not be considered subject to the jurisdiction of the United States if the person is born of alien parents who are -- (1) unlawfully present in the United States; (2) present in the United States for diplomatic purposes; or (3) engaged in a hostile occupation of, or a hostile operation in, the United States."

Taking on "Biden’s catastrophic border crisis"

In a press release on Wednesday, Sen. Cotton revealed that his legislation has now been co-sponsored by Sens. Marsha Blackburn (R-TN), Ted Cruz (R-TX), and J.D. Vance (R-OH).

"There is no constitutional right for illegal aliens to cross the border to gain citizenship for their children," the Arkansas Republican said in a statement. "Granting birthright citizenship to illegal aliens has contributed to the highest levels of illegal immigration in history. Fixing this will help reduce the damage from Biden’s catastrophic border crisis."

Though he did not mention his proposal, Cotton did address "Biden's catastrophic border crisis" one day earlier during an appearance on Fox News to criticize the incumbent president's supposed about-face on the border and purported plan to limit via executive order illegal cross-border entries to no more than 2,500 per day.

"The only acceptable number of illegal immigrants crossing our border at any period is zero. And conveniently, Joe Biden has just discovered the error of his ways and new powers five months before an election," the senator said.

Biden "should have never invited these people to come to our country in the first place," he continued. "The only proper way to come to America is through legal immigration pathways, not showing up at our border with some bogus claim of asylum or some sob story and expecting to get into the country.

Cotton added, "That’s what we had under Donald Trump: a secure border where people could only get here through legal pathways. But ever since Joe Biden took office, it has been an open border that has created chaos, and unleashed crime and drugs all across America’s cities and our states."

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