If you ask the blackpill crew, the birthright citizenship case that we lost last week — effectively 5-4 on the constitutional issue — was a catastrophe that has doomed us to the doomiest of dooms. That’s not true for a number of reasons that we’ve discussed before, including the fact that this remarkably close decision sets us up for success down the road. But there are also things that we can do starting now that aren’t necessarily foreclosed by the Supreme Court’s current interpretation of the Constitution. That’s where we need to focus our efforts, not on wailing and gnashing our teeth. We have new opportunities, and we need to take them, until we can finally put a stake in the heart of this undead doctrine.
Now, what’s going to happen with the decision itself? How are we going to change the view of the 14th Amendment citizenship clause that says that essentially any unwanted foreigner’s brat who pops out with a placenta on U.S. soil is a U.S. citizen just like you or me? Well, that’s going to take some time, some hard work, and some luck.
The most obvious way is to amend the Constitution. Good luck with that. It’s only happened 27 times in history, and 10 of them were right at the beginning when the Bill of Rights was part of the price of admission. It takes 2/3 of both houses of Congress and 3/4 of the states to approve an amendment. Yeah, that’s not happening. The fact is that Democrats like having illegal aliens drop anchor babies who they presume will end up voting Democrat down the road. Now, that may not be true — they thought Latinos were the Great White Replacement Hope, but they started supporting Trump as the Democrats shifted from a working-class and minority focus to a focus on failson trust-fund dorks and their Third World Palestinian-hugging Islamic invader pals who demonstrate a hatred of America, a love for Hamas, and a fetish for castrating kids. A constitutional amendment just isn’t going to happen.
No, the most obvious way to change the interpretation of the citizenship clause is to change the composition of the Court that interprets it. If one of the five justices goes away through retirement or otherwise, and if there’s a Republican president, then you know the first question on everybody’s mind is going to be “Where do you stand on birthright citizenship?” just like it used to be “Where do you stand on abortion?” Most of the justices who signed onto the ruling are in pretty good shape, but Justice Sotomayor is not particularly healthy, but she’s going to hold on to that seat with a death grip until it’s a Democrat who can pick a replacement. Accordingly, this is a roll of the dice.
Choosing to sit and wait and see what happens isn’t a course of action. It’s abdication. We need to move aggressively within the constraints of the reality that’s been imposed upon us. It’s not like there’s nothing we can do to solve the problem. Let’s identify the problem. It’s anchor babies: the kids of illegal aliens who sneak across the border and start punching out kids who are American citizens and entitled to American benefits, and who may be able to avail themselves of chain migration to bring the whole family into America from Hellholeistan.
There is a subproblem of about 25,000 a year: birth tourists. That is, people who come to America on short-term visas and end up having a child who is an American citizen. The most outrageous form of this are the Chinese birth tourists, who do it on purpose to get a kid with American citizenship, which they have here after sneaking in by lying about their intent, and then immediately flying back to the People’s Republic of China with a new American citizen. There’s some controversy about anchor babies, but it’s hard to see how communists breaking the spirit, and sometimes the letter, of our laws to create an American citizen who has zero connection or loyalty to the United States of America is anything but one of those proverbial 80/20 issues. Birth tourism should therefore be a key line of conservative effort in the short term; Democrats will instinctively defend communist Chinese manufacturing American citizens as literal Manchurian candidates. They can’t help themselves. Trump is against communist manipulation of the United States, so communist manipulation of the United States must be defended.
What can we do? Well, the Justice Department is already cracking down on the companies that arrange these jaunts. However, other facets of the problem need to be addressed as well. For one thing, the Chinese often fly into the Marianas Islands territory to do their covert birthing. It turns out that the 14th Amendment’s citizenship clause has long been held to apply differently, and less broadly, to unincorporated U.S. territories. Why not test the waters with a statute that essentially eliminates citizenship for the children of immigrants without permanent status in those tropical islands?
Passing a law is tough, thanks to the filibuster. But this is an election year. Despite working those lengthy 3-day weeks with long vacations, maybe the GOP Congress can take a day and make the Democrats go on record supporting birthright tourism. The donkey party will totally do it – Trump’s against it so they must be for it, plus it helps Marxists so they are all in. Then we can then totally beat them with their complicity in communist chicanery like they are rented mules.
And when that fails, because they can’t allow America to win if Trump (and their own constituents) win as well, Trump should try an executive order. Even if it gets tossed out as exceeding his executive authority, he will still have made his point.
There are other things that can be done, both on the birth tourism and the anchor baby issues. Some might need to be statutes, but the administration should look for ways to do them through executive orders. One thing would be to prioritize the deportation of pregnant women; we could also detain them in Gitmo on Cuban soil. Obviously, you would want to limit the admission of those potentially with child. Certainly, we could decree that a woman who gives birth in the United States when not a permanent resident would forever be barred from the country. That negates the chain migration incentive.
As for the child, there are challenges because under current law, he is an American citizen. However, maybe we can remedy that. In circumstances where a kid is born here to a mother who shouldn’t be here and then immediately whisked away to a foreign country, particularly one that is hostile to the United States, maybe we could begin denaturalization proceedings. There may be some problems with that since it’s punitive and would implicate due process, but that’s all right. Let’s see how that works as it bubbles up through the courts. We can certainly try to bar such pseudo-citizens from chain migration — if you were born here when you shouldn’t be, you can’t bring any of your family here. As for classic anchor babies, maybe we should limit their access to welfare on the understanding that wrongdoers are benefiting from their wrongdoing. Now, these will have equal protection problems, but there are potential ways around that. The point is to try.
We should try lots of things, and there will be lots of ideas. Let’s give them a shot. Understand that we are working around the margins, nibbling at the edges of the problem, but that’s better than just sitting there and staring at the actuarial tables hoping our problem solves itself during a window of time with a Republican president. The point is we are not helpless. The point is this is not hopeless. We’re going to win this. And now is the time, with a little creative legal thinking and a little political savvy, to start putting some wins up on the scoreboard.
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