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The U.S. Court of Appeals for the Fifth Circuit has ruled that illegal aliens do not have a constitutional right to be released from federal custody while their removal proceedings are pending.The decision overturned a lower court ruling that had ordered bond hearings for three illegal immigrants held by U.S. Immigration and Customs Enforcement (ICE) and stayed those release orders while the case proceeds on appeal. The opinion was led by Chief Judge Jennifer Elrod. Elrod was appointed to the court by President George W. Bush. DOJ Hails Decision Assistant Attorney General Brett A. Shumate of the Department of Justice’s...

Texas Congressman Brandon Gill is a rising superstar in the Republican Party.You might have caught him dressing down the Smithsonian director with instant-classics like asking if politeness is a form of “white supremacy.”Things that are “white supremacist,” according to the left:Being polite.Being on time.Being objective.We let this insanity go unanswered for years. That ends now. pic.twitter.com/LpXtZAE2NP— Congressman Brandon Gill (@RepBrandonGill) July 23, 2026Unlike a lot of other GOP politicians, however, Gill isn’t just going to toss a few scraps of red meat our way while ignoring it’s actually his job to solve problems.Congress is not political theater and you guys...

Sen. Jim Banks has offered a text-and-precedent-bound response to a decision his opponents assumed had ended the debate.When the Supreme Court decided Trump v. Barbara on June 30, 2026, opponents of birthplace-citizenship reform declared the fight over. But that disappointing decision was not the end of attempts to reform the system. It was merely the “end of the beginning.” Sen. Jim Banks read Barbara as a legislative map. His new Citizenship Act follows the road Wong Kim Ark charted.Barbara held that President Trump’s executive order was unconstitutional by locking in birthplace citizenship’s definition from a much older case. That 1898...

The Trump v. Barbara ruling did not destroy President Trump's ability to limit birthright citizenship for birth tourists from China or other specific countries. Upon release of the Trump v. Barbara opinion overruling the President’s Executive Order blocking automatic citizenship to children born in the United States to illegal aliens and visiting tourists, President Trump congratulated President Xi and China on their “massive Birthright Citizenship WIN,” warning the ruling hands foreign nationals a golden ticket to U.S. passports for their children. Indeed, the ruling was disappointing. It leaves wide gaps for individuals, cartels, and hostile nations to exploit our laws...

The Supreme Court dealt a setback to President Trump at the end of June when they ruled that so-called “birthright citizenship” was enshrined by the 14th Amendment and that children born in the United States to parents who are unlawfully or temporarily present are citizens at birth under the 14th Amendment. The Court, in Trump v. Barbara, rejected Trump’s executive order banning the practice 6-3, although only five justices held that the order violated the 14th Amendment. Justice Brett Kavanaugh supplied the sixth vote on narrower statutory grounds.As we’ve written, the Department of Justice immediately launched a crackdown on birth...

Rush Limbaugh: What the 14th Amendment ACTUALLY Says About Birthright Citizenship

President Donald Trump said Wednesday that he will ask the Supreme Court to rehear its recent decision striking down his executive order seeking to end birthright citizenship.In a 5-4 decision last month, the high court held that children born in the United States to parents who are in the country illegally or temporarily are U.S. citizens under the 14th Amendment, rejecting Trump's attempt to deny them automatic citizenship."I will be asking for a Rehearing by the United States Supreme Court, IMMEDIATELY," Trump wrote on Truth Social. "This miscarriage of justice will destroy America if they don't change their absolutely insane...

Native Americans won U.S. citizenship in 1924, but the struggle for voting rights stretched on for much longer. Native Americans couldn’t be U.S. citizens when the country ratified its Constitution in 1788, and wouldn’t win the right to be for 136 years. When Black Americans won citizenship with the 14th Amendment in 1868, the government specifically interpreted the law so it didn’t apply to Native people.

Sen. Bernie Moreno (R-OH) shared that he would reintroduce former Sen. Harry Reid’s (D-NV) “exact bill” that would not only eliminate birthright citizenship for the children of illegal migrants, but also clarify who can receive birthright citizenship. In a post on X, Moreno responded to another post from Fox News’s Bill Melugin, who shared that in 1993, Reid had introduced the Immigration Stabilization Act of 1993. Moreno stated that they would “see how today’s DC Democrats will vote when offered the ideas of the Democrat party that used to love” the U.S. “I will reintroduce this exact bill when I...

Justice Brett Kavanaugh concurred in part with the Supreme Court ruling opposing President Trump's ending of birthright citizenship and in part dissented, leaving an open door to Congress to make the necessary adjustments to refuse citizenship to children of illegal immigrants who have no permanent status in the United States. He said that the Executive Order from Trump "establishes new exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country." Those exceptions created by Trump were "for children born to foreign citizens who are either illegally or temporarily in the United States." Kavanaugh does...

Justice Clarence Thomas wrote the principal dissenting opinion in Trump v. Barbara, where the Supreme Court of the United States (SCOTUS) ruled on Tuesday that President Donald Trump’s executive order barring birthright American citizenship for the U.S.-born children of illegal aliens and temporary visa holders is a violation of the 14th Amendment. In his dissenting opinion, Thomas writes that “both the Civil Rights Act and the Citizenship Clause guaranteed citizenship to persons born and domiciled in the United States regardless of their race.” “Neither guaranteed citizenship to persons who were not domiciled in the United States,” Thomas writes: Blacks were...

“This is one of the most important decisions in the history of the Court, and in my judgment, the Court has made a serious mistake,” Justice Samuel Alito wrote in his dissent to the Supreme Court’s 5-4 decision to insert birthright citizenship into Americans’ Constitution. He continued in plain language to show how the decision endorses birth tourism, which would automatically grant full citizenship to foreign adults who have never lived a full day in the United States: The Court’s interpretation is not only contrary to the original meaning of the Fourteenth Amendment, it produces grotesque results. While foreigners who...

1776, Not 1608: What the Supreme Court Got Wrong on Birthright CitizenshipChief Justice Roberts forgot the Declaration of Independence.Chief Justice John Roberts begins the Supreme Court’s birthright citizenship opinion in Westminster in 1608 with Calvin’s Case and the English law of royal subjectship.I would begin in Philadelphia in 1776.Between those two places—and those two moments—lies the American Revolution. And the Revolution changed more than who governed America. It changed the very foundation of political membership.That is the central problem with the Supreme Court’s decision in Trump v. Barbara. The Court’s opinion is learned, careful, and historically rich. Chief Justice Roberts...

The Supreme Court's ruling is a setback for President Donald Trump, who issued an executive order on his first day in office that would end birthright citizenship for children of illegal immigrantsThe Supreme Court on Tuesday rejected President Donald Trump’s bid to restrict birthright citizenship, preserving the long-standing constitutional interpretation that most children born in the United States are automatically U.S. citizens, including children born to parents who are unlawfully or temporarily present in the country.The ruling is a major setback for Trump, who made curbing birthright citizenship a key part of his immigration agenda.Trump issued an executive order on...

In a major move to address the growing issue of birth tourism, Republican Sen. Rand Paul is introducing a constitutional amendment that would end birthright citizenship. His amendment would grant birthright citizenship only to children born in our nation with at least one parent who is a U.S. citizen. Sen. Paul shared the full text of the resolution in a post on X: I am introducing a Constitutional Amendment to end Birthright Citizenship. Under current interpretations of American law, anyone born on American soil automatically becomes a U.S. citizen, regardless of whether the parent was here legally or not. This...

It is broadly agreed by constitutional scholars that the purpose of the Fourteenth Amendment was to constitutionalize the Civil Rights Act of 1866. Many in Congress initially argued that the passage of the Thirteenth Amendment in 1865 granted citizenship and the rights and liberties attached to that status. Others argued that there should be explicit legislation, which resulted in the Civil Rights Act the following year. Still others thought the Civil Rights Act was insufficient because future majorities could repeal it. This concern became the impetus for the Fourteenth Amendment, which constitutionalized the Civil Rights Act.The citizenship clause was a...

The future of President Donald Trump’s executive order attempting to limit access to birthright citizenship is now positioned for a final decision from the Supreme Court. Questioning from the justices...suggests an icy reception for the Justice Department’s claim that the constitutional guarantee of citizenship turns on an innovative interpretation of the legal concept known as “domicile.” *** Trump’s executive order...claims that the 14th Amendment grants U.S. citizenship to children born in the United States depending on the citizenship or immigration status of their parents. The amendment’s citizenship clause provides that a person becomes a citizen “of the United States and...

<p>The 14th Amendment’s Citizenship Clause was a surgical remedy for the unique injustice inflicted on freed black slaves and their descendants — not a blank check for the world’s opportunists. Unless the Court restores its original meaning, this misapplied policy will accelerate the erosion of everything that makes America worth defending.</p>

On Wednesday, the Supreme Court will hear oral arguments on the constitutionality of President Trump’s executive order aimed at ending birthright citizenship as we have known it. The court’s eventual opinion in the case, Trump v. Barbara, will almost certainly hinge on how the justices interpret the 14th Amendment’s Citizenship Clause, which says: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” The court will probably also respond to the first words of the president’s March 19 brief, which asserts that...

As birthright citizenship is debated in the Supreme Court, resurfaced videos of top Democrats echoing the argument of the Trump administration sparked a conservative uproar on social media. "If making it easy to be an illegal alien isn’t enough, how about offering a reward for being an illegal immigrant?" Sen. Harry Reid said on the Senate floor in 1993. "No sane country would do that. Right? Guess again. If you break our laws by entering this country without permission and give birth to a child, we reward that child with U.S. citizenship and [a] guarantee of full access to all...