That was some disappointing poo from the Supreme Court on Tuesday about birthright citizenship, non? The court ruled that any basic skank who can sneak onto American terra firma and give birth is automatically the parent of a U.S. citizen, with all the rights and benefits that implies.
It seems like a dark day for the republic, to be sure. But pause and catch your breath: If the outcome had been different, would the Democrats take “no” for an answer? Of course not! Democrats never take "no" for an answer. They keep pushing and cheating and indoctrinating and menacing and jiggling the handle every which way until they pass whatever disagreeable turd they’re trying to cram through.
We, too, can play that game. There is more than one way to skin a cat, after all. The justices say that babies born in our country to illegal aliens and birth tourists are U.S. citizens? Fine.
What if these grasping, scofflaw women weren’t allowed into the country in the first place?
Under the U.S. Code, the president has broad authority over who may enter our country. Specifically, 8 U.S.C. § 1182(f) (INA Section 212(f)) says:
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.
My AI research assistant tells me that "This gives the President wide latitude to define a 'class' of aliens and suspend or restrict their entry if he determines it serves U.S. interests (e.g., public health, welfare, preventing 'birth tourism,' or resource strain)."
Why, yes, I’d say birth tourism and resource strain are substantial concerns of the U.S. in this instance. Trump would absolutely be within his rights to pen-and-phone an end to the pregnant invasion — perhaps even the child-bearing-age invasion.
Will leftists stamp their feet and sue to stop it? Of course they will. But Trump has issued other travel bans in the past — and won in court.
During Trump’s first term, through EO 13780 and Proclamation 9645, he took action to ban entry from terrorist-sponsoring nations, including Iran, Yemen, Libya, Somalia, and Venezuela. Leftists whined and sued, labeling the actions as Trump’s “Muslim Ban” in their petty way. But in Trump v. Hawaii (2018), the Supreme Court affirmed the president's right to control harmful foreign travel into the U.S.
And in 2020, Trump’s administration created rules that consular officers must deny B-1/B-2 tourist visas to pregnant applicants if they believed the woman’s primary purpose in traveling to the U.S is to birth an American baby.
“A broader executive order could expand this by declaring pregnant non-citizens (or those reasonably believed to be pregnant) as a class whose entry is detrimental, potentially covering visa issuance, admission at ports of entry, and exceptions (e.g., for diplomats, certain humanitarian cases, or lawful permanent residents),” notes my AI research assistant.
Seriously, the president could do this as fast as White House counsel can write it up.
And frankly, I’m optimistic that this obnoxious and unfair Supreme Court ruling will light a fire under Republican voters’ butts the same way the Dobbs decision that overruled Roe v. Wade did for the Democrats, turning our much-anticipated 2022 midterms red wave into a barely discernible pink trickle. Barbara v. Trump will have the twin effects of demotivating blue voters while firing up red ones. (My colleague Scott Pinsker has a more in-depth analysis of the positive political fallout from this decision here.)
Americans don’t want unchecked immigration. It’s a winning issue for Trump and for Republicans.
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