President Donald Trump’s renewed effort to pass a law restricting birthright citizenship is causing difficulties for Senate Majority Leader John Thune (R-S.D.) and Speaker Mike Johnson (R-La.) as they navigate deep divisions within the GOP.

Last week, Trump stated that the Supreme Court’s recent decision invalidating his executive actions to limit birthright citizenship could be resolved by Congress through legislation. However, GOP lawmakers and immigration experts caution that passing such legislation would be far from straightforward.

Trump’s allies are pursuing a long-shot constitutional amendment to deny citizenship to children born to foreign tourists and visitors. Meanwhile, Speaker Johnson indicated that Republican leaders are exploring alternative approaches.

Advocates for restricting birthright citizenship acknowledge that it is unlikely any legislation will reach Trump’s desk, creating tension between the president and hesitant GOP members over how aggressively to pursue the issue ahead of the midterm elections.

Mark Krikorian, executive director of the Center for Immigration Studies, a nonpartisan group favoring reduced immigration, said, “I don’t think anything’s going to actually reach the president’s desk.” Nonetheless, he predicted GOP leaders would push the issue to emphasize contrasts with Democrats before Election Day.

Chris Chmielenski, president of the Immigration Accountability Project, which opposes mass immigration, said legislation limiting birthright citizenship has a better chance of passing the House but warned that Speaker Johnson may need to "twist arms" to secure the 218 votes required. Chmielenski also noted that Senate Majority Leader Thune would likely face challenges securing a simple majority, similar to difficulties in garnering 51 votes for the SAVE America Act.

Senator Rand Paul commented on social media that the Supreme Court’s decision reinforced his long-held view that the 14th Amendment was never intended to grant automatic citizenship to children born to parents in the country illegally.

The ongoing debate highlights the complex dynamics within the GOP as it balances Trump’s agenda with legislative realities.

Sources