Hearings to examine protecting American citizenship, focusing on birthright citizenship for illegal aliens and tourists

Immigration Enforcement and Sanctuary PoliciesSenate Judiciary Subcommittee on Constitution · 2026-03-10 · 119th Congress
The Senate Judiciary Subcommittee on the Constitution held this hearing to examine whether the 14th Amendment's Citizenship Clause requires automatic citizenship for children born in the U.S. Begins at 0:16:54
Transcript
Highlights

Title

Constitutional debate over ending birthright citizenship for illegal aliens

Purpose

The Senate Judiciary Subcommittee on the Constitution held this hearing to examine whether the 14th Amendment's Citizenship Clause requires automatic citizenship for children born in the U.S. to illegal aliens or temporary visitors, timed ahead of a Supreme Court case next month on President Trump's executive order eliminating that citizenship0:16:54. Legal scholars debated the original meaning of "subject to the jurisdiction thereof," while witnesses addressed birth tourism, Chinese-national surrogacy arrangements, and the case of a Marine veteran whose father was detained by ICE. Begins at0:16:54

Who spoke

Chair Eric Schmitt (R-MO)0:16:54: Opened by framing citizenship as tied to allegiance and sovereignty rather than mere birth0:17:51, cited birth tourism and up to 1.5 million Chinese nationals allegedly securing U.S. citizenship0:21:56, and later pressed Cooper on the historical meaning of "subject to the jurisdiction"1:05:34.

Sen. Peter Welch (D-VT), Ranking Member0:24:28: Invoked Dred Scott and the 14th Amendment's correction of that injustice0:24:59, criticized ICE's "reckless rampage" of mass deportations including the shooting of a Minneapolis nurse0:27:09, and highlighted witness Alejandro Barranco's father's arrest0:27:35.

[Chair Schmitt reading a member's remarks, likely Sen. Dick Durbin (D-IL)]0:29:38: Quoted Gen. Mark Milley on the oath to the Constitution rather than a "king," called the executive order "blatantly unconstitutional" per Judge John Coughenour0:31:15, and said six of seven recent ICE arrests involved no criminal record0:33:09.

Charles Cooper, Cooper & Kirk (majority witness)0:38:17: Argued the Citizenship Clause's "subject to the jurisdiction thereof" mirrors the Civil Rights Act of 1866's "not subject to any foreign power," excluding children of illegal aliens and temporary visitors0:38:57; said no one in 1866 suggested children of foreign visitors should get birthright citizenship0:41:03; later argued domicile requires sovereign consent so illegal aliens fall outside Wong Kim Ark1:16:32.

Prof. Amanda Frost (minority witness)0:43:27: Said the Citizenship Clause's text, history, and Supreme Court precedent (Wong Kim Ark and later cases) confirm it applies to everyone born in the U.S. except children of diplomats0:44:29; said the order would strip citizenship from 250,000 children born yearly and require all 3.5 million annual births to prove ancestry0:45:250:46:21; cited a Pew poll showing 94% support birthright citizenship for immigrants' children0:45:51.

Prof. Ilan Wurman, professor of law (majority witness)0:47:51: Argued the common-law rule was birth under the sovereign's "protection," not simply on its soil, citing Calvin's Case (1608) and Justice Story0:48:19; said unlawfully present aliens and temporary visitors may not have been under that protection, citing a Civil War-era Louisiana conscription dispute0:52:13.

Alejandro Barranco, Marine veteran (minority witness)0:53:02: Testified he is a citizen and Marine by birth, described his father's violent arrest and detention by ICE0:55:24, and said birthright citizenship reflects belonging through "presence, contribution, and shared civic life," not ancestry0:55:55.

Peter Schweizer, Government Accountability Institute (majority witness)0:57:29: Described an industrial-scale Chinese birth tourism industry charging roughly $100,000 per client with over 1,000 companies identified in China0:58:17; cited estimates of 50,000–180,000 Chinese births in the U.S. annually and roughly one million "U.S. citizens" being raised in China0:59:09; described surrogacy cases including a CCP official with 26 children born via surrogacy in California and a Chinese billionaire with over 1001:00:351:01:04.

Sen. Ted Cruz (R-TX)1:42:08: Walked Cooper through Dred Scott, the Civil Rights Act of 1866, and the ratification history to argue "subject to the jurisdiction" required reciprocal allegiance1:42:541:45:38; noted Cooper was his first law-firm boss1:47:49.

Sen. Mike Lee (R-UT)1:13:52: Questioned Schweizer on national security risks from CCP-linked surrogacy1:14:16 and pressed Cooper and Frost on whether Wong Kim Ark's "domicile" holding applies to illegal aliens1:15:101:17:26.

Sen. Alex Padilla (D-CA)1:31:11: Quoted the Constitution's "all persons born" language, thanked Barranco for his service and noted his father's deportation case was dismissed1:32:08, and asked Frost whether millions of citizens could lose voting rights under a "SAVE Act" proof-of-citizenship regime1:41:10.

Sen. Marsha Blackburn (R-TN)1:24:32: Promoted her Ban Birth Tourism Act, cited an estimate of 33,000 individuals exploiting birthright citizenship1:25:23, and had Schweizer confirm birth tourism firms instruct clients to commit visa fraud1:26:51.

Key moments

Cooper argued the Civil Rights Act of 1866's phrase "not subject to any foreign power" was reenacted in 1870 with identical meaning, making it implausible Congress meant to grant citizenship to children of transient foreign visitors1:07:57.

Frost countered that Supreme Court precedent (Wong Kim Ark, 1898, reaffirmed in the 1950s, 60s, and 80s) has consistently held the clause applies to everyone born on U.S. soil except children of diplomats, and every court to review Trump's order, including Reagan-appointed judges, has rejected it as unconstitutional0:44:291:35:50.

Sen. Durbin repeatedly pressed Schweizer on how many prosecutions have occurred under existing birth-tourism law during either Trump administration; Schweizer could not provide a number1:20:041:21:40.

Schweizer testified a CCP official had 26 children through surrogacy discovered by California child services, and a Wall Street Journal report described a Chinese billionaire with more than 100 children born via U.S. surrogacy1:00:351:01:04.

Cooper and Sen. Lee argued Wong Kim Ark's holding was limited to lawfully domiciled residents with sovereign consent, meaning illegal aliens fall outside its protection1:16:321:16:59; Frost disputed this, saying the Chief Justice's opinion covered children of foreigners "born for business or pleasure"1:17:57.

Frost said the executive order would require every American family to prove ancestry back generations, potentially rendering millions "presumptively noncitizens" at birth and subject to a SAVE Act voting-proof requirement0:46:211:41:10.

Blackburn and Schweizer described birth-tourism firms instructing Chinese clients to lie about the purpose of their visa and to tell hospitals they are uninsured despite elite status, with some paying $6,000 for procedures costing hospitals $40,0001:27:361:27:19.

Barranco testified his Marine-veteran father was violently beaten during an ICE arrest despite no criminal record, leaving lasting physical and emotional harm0:55:24.

Cruz elicited Cooper's agreement that the near-universal 19th-century understanding of the Citizenship Clause required reciprocal allegiance, and that the current broader reading is a comparatively recent view possibly originating during the F.D.R. administration1:47:22.

Schweizer cited a Mexican senator's public statement about "taking back" U.S. territory including California, Texas, and other states as evidence some foreign officials view migration as a tool to challenge U.S. sovereignty1:04:47.

Metadata

CommitteeSenate Judiciary Subcommittee on Constitution
Chamber / CongressSenate · 119th Congress
Date2026-03-10
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript282 caption blocks · 14,840 words · 2:04:59 runtime
EventCongress.gov 338040