Johnson: Congress Must Act on Birthright Citizenship

Jon Sailer, Unsplash

Speaker Mike Johnson says Congress must now take up the issue of birthright citizenship. His call comes just days after the Supreme Court blocked President Donald Trump’s effort to end the practice by executive order. The move signals that Republican leaders are shifting the fight from the White House to Capitol Hill.

For years, birthright citizenship has been treated as settled law. But the recent ruling, along with a key opinion from one justice, has opened a narrow door that Republicans now hope to walk through. What happens next could shape American citizenship for generations to come.

The Ruling Behind the Push

On June 30, the Supreme Court rejected the executive order that sought to limit automatic citizenship. The order, signed early in Trump’s second term, would have denied automatic citizenship to children born in the United States unless at least one parent was a citizen or held lawful permanent status. Five justices held that the 14th Amendment guarantees citizenship to nearly all children born on U.S. soil, even those born to parents in the country illegally. In total, six justices ruled against the order, while three dissented.

The most important detail was not the loss itself, but how one justice framed it. Justice Brett Kavanaugh agreed the order was unlawful, yet he ruled that it violated a 1940 federal law rather than settling the question forever. He wrote that Congress could change that law and create exceptions to birthright citizenship for children born to parents here illegally or only temporarily.

That single opinion is the reason Johnson believes there may be a path forward. If the matter is partly a question of federal law, then Congress, and not only the courts, may be able to act. Justice Clarence Thomas went further in his dissent, arguing that the majority had wrongly expanded the amendment’s meaning and devalued the gift of citizenship.

Johnson Sounds the Alarm

Speaking on Fox News Sunday, Johnson said his conference is “looking at all angles” to address the issue. He explained that if a simple legislative fix is possible, the House will move on it right away, but that a constitutional amendment would take far longer. Either way, he stressed, the matter is too serious to set aside.

Johnson did not hide his frustration with the Court. He called the majority opinion “errant” in a social media post and said Republicans were weighing every option available to them. He argued that so-called “birthright tourism,” in which people travel here mainly to gain citizenship for their children, has cheapened American citizenship and now poses a threat to the rule of law and national security.

Trump has urged Congress to act without delay. On social media, the president wrote, “No long and unwieldy Constitutional Amendment is necessary!” and called on lawmakers to begin work immediately, promising his full support. His confidence, however, runs straight into a serious disagreement among conservatives about what the Constitution actually allows.

Statute or Amendment? Conservatives Disagree

The core question is whether Congress can change birthright citizenship with an ordinary law or whether it must amend the Constitution itself. The debate turns on one phrase in the 14th Amendment: that citizens are those born here and “subject to the jurisdiction” of the United States.

Some Republicans believe Congress can simply define that phrase more narrowly. Rep. Brian Babin of Texas has already introduced legislation that would grant citizenship at birth only when at least one parent is a citizen, a lawful permanent resident, or lawfully present in the country. Supporters see this as the fastest route to reform.

Others warn that a law alone will not survive a court challenge. Senator Eric Schmitt of Missouri announced plans to pursue a constitutional amendment, arguing that legislation cannot resolve the issue on its own. That path is far steeper, requiring approval from two-thirds of both the House and Senate and then ratification by three-fourths of the states.

Even some allies are skeptical of the quick fix. Constitutional scholar John Eastman, who supported the original order, has cautioned that because five justices tied their ruling to the Constitution, Congress likely cannot settle the matter by statute unless the Court revisits it. The disagreement matters because if the majority’s view holds, a fast legislative fix could be struck down and send the nation back to square one.

A Question for the Nation

The debate reaches back more than a century. In the 1898 case United States v. Wong Kim Ark, the Supreme Court ruled that a man born on American soil was a citizen under the 14th Amendment. That decision has shaped citizenship law ever since, and it remains the wall any reform effort must get past.

The stakes are high on both sides. Defenders of birthright citizenship call it a bedrock principle that defines who we are as a people. Critics counter that the current system rewards those who break our laws and cheapens the meaning of citizenship for everyone else.

This is not a small or passing matter. It touches secure borders, the rule of law, and the value of citizenship itself, concerns that sit close to the hearts of people of faith who love this country. Million Voices has followed this long legal battle closely because the outcome will affect families and communities for decades.

The Supreme Court has spoken, but the final word may rest with Congress, or even with the states. Now is the time for citizens to stay informed, to pray for wisdom for our leaders, and to make their voices heard. The future of American citizenship is being decided, and every voice truly matters.

As believers, we are called to pray for our leaders and our nation. Pray for wisdom for those making these decisions, and for safety and dignity for all people affected by them.

That’s where we come in.

Prayer is at the heart of how Million Voices connects faith with civic life. Our Prayer Guide: Pray for Our Government Officials By Name is a free resource designed to help individuals, families, and small groups lift up the men and women who serve in public office—across every level of government and regardless of party.

Rooted in the scriptural call to pray “for kings and all those in authority” (1 Timothy 2:1–2), the guide offers a thoughtful framework for interceding on behalf of our leaders: for wisdom in their decisions, integrity in their conduct, protection for them and their families, and a heart for serving the common good.

Whether you’re looking to deepen your personal prayer life or to gather others in praying for our nation, this guide is a meaningful place to start. Download it here: https://millionvoices.org/mv-prayer-guide-pray-for-government-officials/

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