Enter the 'birth tourism' debate.
, a newsletter that highlights one under-the-radar story each week about how Trump is changing the law—or how the law is pushing back. You’ll also receive updates on the latest from Slate’s Jurisprudence team.into so-called birth tourism.
Coming only hours after the Supreme Court’s ruling on birthright citizenship, the move sent a clear message: This administration is not taking “no” for an answer. As a longtime immigration attorney—formerly with the Department of Homeland Security—and the child of immigrant parents, I see frightening historical parallels in this moment. With birthright citizenship, Republicans and anti-immigration activists are once again playing the long game, shifting public perception and laws in the process.
Just as they did with their 50-year crusade to overturnand restrict abortion, this administration will continue to narrow, challenge, and politically reframe the rights of immigrants and their American-born children.that protected a person’s right to an abortion based on the fundamental “right to privacy” granted by the due process clause of the 14, first by attacking privacy rights, then by instituting state-level bans, and eventually by remaking the Supreme Court after Trump’s 2016 election. TheAmendment was ratified in 1868, it was meant to answer a fundamental question in this country: Who gets to belong?
Thirty years later, in, the Supreme Court confirmed that a child born in the United States, and subject to its jurisdiction, is a citizen of the United States. Back then, the margin was a 6–2 decision, with one justice not participating. And now, with.
Although six justices agreed with the outcome that the executive order was unlawful, only five agreed that the Constitution and the 14that “thousands of foreigners from potentially hostile nations have flocked to give birth in the United States in recent decades,” though he was unclear about his sourcing. ” in their respective birthright citizenship dissents.
But some estimates put the number of “birth tourists,” or pregnant women who expressly enter the United States on a tourist visa with the intention of giving birth and then leaving, at-inspired, long-view lens, the strategy looks all too familiar. Chip away at public perception first, and changing laws will follow. For his part, Justice Brett KavanaughTo be sure, not all Supreme Court rulings become decadeslong conservative cudgels.
But given our highly polarized moment, it would be prudent to be mindful of history.decision would remain settled law while anti-abortion activists were quietly organizing and gaining power. We must not make the same mistake with birthright citizenship. Amendment and birthright citizenship are protected for now, the dissent’s “allegiance” test and the immediate focus on “birth tourism” show us that the fight is far from over. We must prepare for the long
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