President Trump on Tuesday congratulated China on its “massive … win” after the Supreme Court shot down his executive order trying to restrict birthright citizenship in the U.S.
The high court said the Constitution guarantees automatic citizenship to nearly everyone born on American soil, including children born to illegal immigrants and temporary visitors.
Mr. Trump complained about the decision on social media and, in particular, suggested it was a boon for China.
“I would like to congratulate President Xi, and the Great Country of China, on their massive Birthright Citizenship WIN!” he wrote.
During oral argument in the case this spring, the Trump administration pointed to China’s “birth tourism,” where Chinese women come to the U.S. specifically to give birth. Those children enjoy automatic citizenship.
Companies have emerged to facilitate the births, charging tens of thousands of dollars to help the women obtain travel visas, house them while they’re here and even apply for government assistance programs to help offset the medical costs.
Birth tourism isn’t limited to China, though it’s a large player in the market.
Globally, women usually return home with the children, who are raised far from the U.S.
Justices Clarence Thomas and Samuel A. Alito Jr., who dissented from Tuesday’s ruling, both cited the problem of tourism in their opinions.
Justice Alito said the practice creates a national security issue by allowing people of enemy nations to obtain citizenship.
“Suppose the child never visited the United States while growing up and was inculcated with hatred of this country. According to the court, that person is a citizen of the United States. He can enter and leave the country as he pleases. He can travel the world on a United States passport. Even if he plots to harm this country, he cannot be deprived of his status as a citizen, at least under current precedent,” Justice Alito wrote.
Mr. Trump, on social media, suggested Congress can still step in and act.
“No long and unwieldy Constitutional Amendment is necessary! Congress should start TODAY to work on ending expensive and unfair to our Country, Birthright Citizenship. They will have my Complete and Total Support!” he wrote.
But the court’s ruling seems to prevent that option.
Five justices said the Constitution does guarantee automatic citizenship. To overcome that would seem to require an amendment — something almost unthinkable in the current political climate.
Justice Brett M. Kavanaugh, a Trump appointee, wrote his own opinion Tuesday to say that while he disagreed that the Constitution guaranteed birthright citizenship to children of illegal immigrants and temporary visitors, a federal statute written by Congress in 1940 did.
He said since federal statute trumps an executive order, Mr. Trump’s order was illegal.
Had Justice Kavanaugh’s view prevailed, Mr. Trump’s option of having Congress act might have been viable.
Republicans suggested there may still be wiggle room for Congress to pass legislation redefining who is subject to the 14th Amendment’s citizenship guarantee.
Rep. Chip Roy, Texas Republican, also suggested Congress could pass legislation blocking federal funding from any agency or state that takes an expansive view of birthright citizenship.
“Congress must act immediately and must not hide behind the fiction that it must amend the Constitution to fix this abuse of our laws,” Mr. Roy said.
Congress could also pursue legislation to try to tighten the rules on birth tourism or foreigners using American women for surrogacy pregnancies.
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