00:00:36.000So here's the quick recap from yesterday's big Supreme Court decision.
00:00:39.000And if you want the full breakdown of the Supreme Court's birthright citizenship case, you should listen to the hour and a half breakdown on yesterday's show.
00:00:47.000I read all of the judicial decisions as they came in.
00:00:49.000It was like 300 pages, read them in about 45 minutes, and gave you the full breakdown.
00:00:54.000But here is the actual finding in a 6 3 decision that's really kind of 5 4 because Justice Kavanaugh had some quibbles with the majority.
00:01:02.000Basically, the finding is this the citizenship clause of the Constitution's 14th Amendment says, quote, All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside.
00:01:17.000The question in the case was what does subject to the jurisdiction thereof mean?
00:01:21.000Is it a superfluous clause, meaning if you're born in the U.S., you're automatically a citizen, or does it mean something different?
00:01:27.000Well, the court found that basically it was kind of superfluous.
00:01:30.000You are a citizen if you're born in the United States, unless you're the kid of a foreign ambassador or something.
00:01:36.000And the majority said that that was rooted in a British citizenship idea called Jusoli, law of the soil.
00:01:43.000Which goes all the way back to pre revolutionary days.
00:01:46.000The Supreme Court essentially found that aside from a brief period after the passage of the 14th Amendment, when Congress and the courts seemed to say that you had to have what's called domicile, meaning America had to be your home in order to be a citizen, jus soli was the actual rule.
00:02:08.000You and your parents couldn't owe allegiance to a foreign power or be governed by the law of a foreign power.0.67
00:02:13.000So if you are a Chinese citizen and you temporarily come here for five minutes and you drop a baby, The baby isn't an American citizen because you actually have allegiance to the government of China and you are subject to the laws of China.0.53
00:02:25.000By the way, we should note that everyone except for Thomas basically agreed that even if you were a child of an illegal immigrant, you could theoretically still be a citizen.
00:02:35.000Thomas was the only one who sort of disagreed on that proposal.
00:02:38.000With that said, the majority is clearly wrong.
00:02:43.000And there's been a long line of scholarship on all of this, and the majority decision is twisting the history, I believe.
00:02:51.000And there's some people who think this is kind of a close call legally.
00:02:53.000I actually don't think it's a close call legally.
00:02:56.000When the Supreme Court says that there's basically nothing you can do about the 4.6 million illegal immigrant born in the USA children who are currently here, that's a problem.
00:03:05.000And it's not constitutionally correct.
00:03:08.000Given political considerations, what it actually means is that you probably can't do anything about their parents either.
00:03:13.000That's theoretically another 4.2 million people.
00:03:15.000So you're talking about 9 million people who you can't do anything about.
00:03:19.000Now, again, we should know that those kids who were born in the US.
00:03:23.000For the last 140 years under American policy, likely would have been considered citizens anyway.
00:03:28.000So you're really talking about their parents who are now being given sort of expedited citizenship or certainly immunity from deportment because of their kids.
00:03:39.000And this is an increasing problem, obviously.
00:03:42.000Pew did a study of American births in 2023 and it found that almost one in 10 births in the United States was to an illegal immigrant mother.
00:04:35.000Words are Tom Homan went off on the court's decision yesterday.
00:04:40.000But on the national security issue, let's just play that out, Tom, right?0.99
00:04:43.000You've got these Chinese birth tourism centers.0.86
00:04:46.000A kid could be born here, taken back to China, raised under the Chinese Communist Party with that education system, and then have American citizenship to come back with those beliefs and run for the highest offices in the land and have power here in America.0.57
00:05:05.000National security issues we're facing right now.
00:05:08.000Under the Biden administration, the open border was a huge national security issue, but this year is equally important.
00:05:13.000That's why I was very disappointed in Say's decision.
00:05:16.000And that's why I agree with President Trump.
00:05:18.000Congress needs to get on this right away.
00:05:22.000Speaker Mike Johnson said yesterday there's no question that birthright citizenship has been grossly abused over time.
00:05:28.000I do think that this has been grossly abused in recent years, okay?
00:05:34.000And that is the case that was being made by the plaintiffs in the case.
00:05:40.000We're very sympathetic to that because it is a serious problem.
00:05:44.000We have, you know, it's become a tourism, birthing tourism, they call it, you know, a trend where people would just come and you just come onto the soil and have your child and then they're able to avail themselves of the welfare state and everything else.
00:06:00.000Now, Democrats, of course, were extremely excited about the decision because their goal is, in fact, birth tourism.
00:06:05.000It is, in fact, dropping babies across the American border in order to create.
00:06:11.000Demographic change in the United States.
00:06:12.000Brandon Johnson, the mayor of Chicago, was very enthusiastic yesterday.
00:06:17.000It was one of our nation's clearest declarations that citizenship is not determined by race, ancestry, or where you come from.
00:06:24.000For generations, the promise has affirmed something bigger than legal status.
00:06:29.000It has affirmed that every child born here belongs here.
00:06:33.000Our city joined a coalition of 106 jurisdictions across 26 states in speaking out against the administration's baseless attempt to dismantle birthright citizenship.
00:06:45.000Today's decision allows our residents to continue to live, work, and contribute to the fabric of our city without fear of losing their most fundamental right.
00:06:54.000We are proud to have stood in defense of the health, safety, and dignity of our communities.
00:06:59.000No family should have to wonder whether their child's place in this country can be taken away.
00:07:07.000Hassan Piker, who, of course, despises the United States and loves all of America's enemies, he put out a tweet saying, America remains America.
00:07:16.000This would have fundamentally changed the country for the worse.
00:07:18.000He is a beneficiary of birthright citizenship because he was born in America and then he grew up in Turkey and owed his allegiance to Turkey, presumably.0.76
00:07:27.000And then he came back to the United States later in life and is here to undermine us.
00:07:33.000He says this would have fundamentally changed the country for the worse and ushered in an era where Trump could change 100 year established constitutional precedent by executive order in ways that would destroy citizenship.
00:07:41.000This was our modern Nuremberg race laws moment.
00:09:12.000You're getting outstanding service without paying those inflated prices charged by the major carriers.
00:09:17.000And something else Pure Talk, they love America.
00:09:19.000Not only do they love America, they're sponsoring donations dollar for dollar until they reach a quarter million dollars from America's Warrior Partnership, helping veterans across.
00:09:28.000The country gets the support and services they deserve.
00:09:57.000If we want to understand America's immigration policy, where exactly do you think America's immigration policy broke?
00:10:02.000So, this is a chart 1850 on showing the number of immigrants and their share of the U.S. total population.
00:10:10.000So, as you can see, the percentage of immigrants in the United States, percentage of immigrants is a percentage of the total U.S. population from 1850 to essentially 1930 was well north of 10%, like quite high.
00:10:26.000Very few people think about immigration in that period as breaking America.
00:10:30.000It obviously created significant social problems.
00:10:33.000I mean, watch Gangs of New York, which is largely about immigration problems.
00:10:37.000But nobody tends to think of that period in American life between 1850 and 1930 as a time that wrecked America, what America was.
00:10:45.000And then, of course, the share of immigrants as a percentage of the U.S. population radically dropped between 1930 and essentially 1970.
00:10:56.000So if you look at the immigrant share of the U.S. population, the answer is about 9.7% in 1850 of the American population was immigrant.
00:11:06.000In 1890, it was all the way up at almost 15%.
00:11:09.000And again, people don't tend to think of this as like, A bad time for America because of immigration.
00:11:13.000Yes, there were social concerns, but overall, in retrospect, we don't see this as a time when America was, quote unquote, being hollowed out.
00:11:21.000And then from 1930 on, that percentage declined radically from well north of 10% to down to 4.7% in 1970.
00:11:34.000And now it has spiked up again to about 14% as of 2022.
00:12:18.000They didn't come here to take advantage of existent welfare programs.
00:12:21.000Did not move from a country where they had no welfare to a country with welfare.
00:12:27.000They didn't move, in many cases, from a richer country to a richer country.
00:12:32.000In many cases, they were moving from a richer country to a poorer country.
00:12:38.000I mean, if you were moving from the UK to the United States in 1850, in some cases, you were moving from a richer area to a poorer area, like the Utah Terrier or the Oregon Territory.
00:12:48.000So in 1850, the top five foreign born populations were Ireland, Germany, the UK, Canada, and France, right?0.51
00:13:28.000That the pattern remains the same, except for massive Chinese immigration onto the West Coast.
00:13:34.000But even that massive Chinese immigration onto the West Coast was not top five in terms of foreign born population.
00:13:39.000So, once again, in 1880, when you had a very serious percentage of Americans who were immigrants, by 1880, you were talking well into the double digits.
00:13:46.000The top five foreign born populations were Germany, Ireland, UK, Canada, and Sweden.
00:15:24.000And what you can see is that the entire country is blanketed with immigrants from India, China, Philippines, El Salvador, and Mexico.
00:15:34.000In 2022, Top five foreign born populations by country of origin 10.6 million immigrants from Mexico, 2.83 million immigrants from India, 2.23 million from China, 2.01 from the Philippines, and 1.42 from El Salvador.
00:15:51.000So, again, that is a giant shift in the nature of the places from which people are coming.
00:15:57.000Because to pretend that gigantic numbers of Mexican immigrants is going to be the same as gigantic numbers of, say, German, Irish, or British immigrants, that's silly.0.55
00:16:08.000Same thing for India, same thing for China.
00:16:10.000And that is not a case against any individual immigrant.
00:16:13.000When you import large numbers of people from cultures that don't cohere as well to the core culture of the United States, which is an Anglo Protestant culture from the beginning, then it's going to be harder to integrate those people.0.99
00:16:25.000And when you add on top of that, the fact that from the very beginning, our immigration programs were rooted in the idea there was no welfare.0.98
00:16:33.000You came here, and that was a self selecting group.
00:16:37.000You came here because you wanted a better life, not because you wanted welfare benefits.
00:16:42.000And once you add welfare benefits on top, the kinds of people who are coming here change.
00:16:47.000I mean, this is the difference between you open a Michelin star bakery, your clientele is going to be a certain type of person.
00:16:55.000And then if you open a donut shop and you put in the window free donuts, that's going to be a different type of person who shows up to the donut shop.
00:18:18.000And again, if you look at the history, Of American immigration, you can see why these sort of dips happened, right?
00:18:25.000Why there was a gigantic wave of immigration, then a dip.
00:18:28.000The dips happened because of congressional action.
00:18:30.000It is not as though Congress has not acted before.
00:18:32.000In 1882, Congress passed what was called the Chinese Exclusion Act.
00:18:36.000Again, if you go back to that 1880 chart for a second, what you can see in the 1880 chart that you did not see in any prior chart is the entire West Coast, California, Nevada, Oregon, Washington, Idaho.
00:18:49.000The number one source of immigration was China.
00:18:52.000And this created concerns in Congress.
00:18:53.000So in 1882, they passed the Chinese Exclusion Act, which actually barred Chinese laborers from entering the United States for 10 years and then was later extended and it barred Chinese immigrants from naturalization entirely.
00:19:04.000And then, thanks to the incredible uptick in immigrants from Eastern and Southern Europe, again, it's funny because we tend to flatten all sources of immigration.
00:19:26.000These were then considered, these sort of bizarre sources of new populations.
00:19:31.000And so the Immigration Act of 1917 was passed.
00:19:35.000And it created a barred zone extending from the Middle East to Southeast Asia from which no immigrants were permitted and instituted literacy tests for people who were coming into the country.
00:19:43.000In 1921, there was the Emergency Quota Act, which was the first federal law to set numerical limits on immigration.0.65
00:19:50.000And basically, the goal was to keep people coming at very low levels from countries we had already allowed into the country.
00:19:57.000So, a lot of British, a lot of Irish, a lot of Germans, a lot of Italians, et cetera.
00:20:02.000And then in 1924, the National Origins Act, the Immigration Act, tightened it still further and intentionally barred immigrants from Southern and Eastern Europe and banned virtually all immigration from Asia.
00:20:15.000And so you see a giant dive in the percentage of immigrants as a percentage of the American population between then and essentially 1965.
00:20:21.000And then something seminal happens the 1965 Immigration and Nationality Act.
00:20:26.000And this act radically changes the nature of immigration in the United States.0.67
00:20:29.000It's why you go from a bunch of European immigrants.
00:20:32.000To a bunch of immigrants from places like El Salvador, Mexico, China, Philippines, and all of the rest.
00:20:41.000The 1965 Immigration and Nationality Act, which was pushed forward by Senator Ted Kennedy and Lyndon Baines Johnson, it repealed the quota system entirely.
00:20:51.000So that meant a radical uptick of immigrants from Asia and Africa and Latin America and South America.
00:20:57.000It had a no discrimination clause that said no person could be discriminated against in the issuance of any visa because of race, sex, nationality, place of birth, or residence.
00:21:07.000Okay, before there were kind of two types of visas permanent visas and temporary visas.
00:21:14.000All those go away, essentially, under the 65 Immigration and Nationality Act.
00:21:20.000It also created a seven tier preference system designed to reunify families of U.S. citizens and legal residents.
00:21:28.000This created massive illegal immigration because there was a cap that was placed on Western Hemisphere immigration, but there was no guest worker program.
00:21:36.000So instead, people just started crossing the border en masse and just staying.0.67
00:21:41.000Okay, add on top of this gigantic welfare systems that were created by LBJ's Great Society programs and the accessibility of those welfare systems to illegal immigrants.0.86
00:21:52.000And again, now you have the free donut shop.0.97
00:21:55.000You have people who are coming across the border because the benefits here are great.
00:21:57.000You'll get a better job, but not just a better job, you also will have access to American systems.
00:22:03.000There are some Supreme Court decisions.
00:22:04.000You want to talk about Supreme Court decisions that actually mattered when it comes to immigration?
00:22:08.000One that was huge was Plyler versus Doe in 1982.
00:22:12.000That was a 5 4 ruling that states Texas had a law.
00:22:15.000It said that if you are an illegal immigrant child, you could not access free public K 12 education in Texas.
00:22:21.000And the court ruled that that violated the 14th Amendment's Equal Protection Clause.
00:22:25.000So now you come across the border and you immediately get to enroll your children in a public school, in an American public school.
00:22:34.000There were also rulings like Graham versus Richardson in 1971, which struck down state statutes restricting welfare benefits solely to U.S. citizens or long term lawful residents.
00:22:44.000So if you came in and you were a short term, Visa holder, you were here for a year, you could then get on welfare.
00:22:52.000Congress also acted in order to ensure, on a humanitarian basis, that basically illegal immigrants could take advantage of our medical systems.0.78
00:23:01.000So Ronald Reagan signed into law in 1986 the Emergency Medical Treatment and Labor Act.0.98
00:23:07.000And you understand why, because basically the idea was you don't want somebody walking into the ER who's an illegal immigrant bleeding out from a bullet wound, and there's no obligation to take care of them.0.56
00:23:15.000But the unintended consequences of the law are pretty significant.0.98
00:23:18.000The EMTALA requires hospitals with Medicare participating emergency rooms to provide a medical screening examination and necessary stabilizing treatment to everyone, regardless of citizenship, immigration status, or ability to pay.0.78
00:23:33.000So, want to know why illegal immigrants now take up large shares of emergency rooms in places like California?1.00
00:23:39.000And there are a bunch of other laws that were then interpreted to prohibit healthcare facilities from denying medical care on the basis of race, color, national origin, age, or handicap.
00:23:48.000Now, theoretically, those healthcare facilities could discriminate on the basis of legal versus illegal status.
00:23:54.000But in reality, they just don't because they're afraid of discrimination lawsuits.
00:23:59.000And in the end, they figure the government will fill in the gaps or other patients will fill in the gaps.
00:24:03.000So now you have a system where people illegally immigrate to the United States.
00:24:08.000They illegally immigrate, they have access to our emergency medical care, which increasingly just means medical care, more broadly speaking.
00:24:14.000They have access to state welfare systems in many cases, like California.
00:24:19.000They have access to public school systems.
00:24:21.000So, literally, tens of thousands of dollars in benefits.
00:24:25.000And we shifted the entire cap system and quota system on a national origin basis.0.63
00:24:32.000And so, what you have is a different group of people who want to get into the United States.0.52
00:24:35.000I mean, hell, everyone wants to get in.
00:24:38.000It's a great place, the United States, but you will draw a different type of clientele depending on whether you're the free donut shop or the Michelin star place.
00:25:22.000And then very quickly, their kids learned to speak English.
00:25:25.000And then they integrated into the economy.
00:25:26.000And then, generation after generation, they lived better lives because they assimilated to Anglo American traditions.
00:25:33.000But when you change the math, when you pay people, when you give them free monies, they don't have to integrate, they don't have to assimilate by nature.
00:25:39.000And you change the system, pretending that all cultures are equally capable of mass migration to the United States, you end up with the current system of immigration in the United States.
00:25:52.000There are other judicial rulings, by the way, that made it nearly impossible to enforce immigration law if a Democrat was in office.
00:25:57.000In 2012, for example, famous case, Arizona versus United States.
00:26:02.000That's when the Supreme Court ruled that federal law prevented essentially Arizona law from helping to enforce federal statutes.
00:26:08.000So the rule now on the federal level is that states can ignore federal law or refuse to enforce federal law by calling themselves sanctuary states or cities.
00:26:19.000But if you want to enforce federal law, you can't do that.
00:26:23.000The court nullified Arizona laws in 2012 that, for example, made it a crime for non citizens to carry federal registration documents.
00:26:31.000Or made it a crime for unauthorized immigrants to work.
00:26:37.000You'll notice that in this entire litany of immigration history, the vast majority of this action is either bad congressional action, bad presidential action, like Joe Biden opening the border widely, refusing to enforce immigration law, or judicial actions that are likely reversible at the Supreme Court level today.
00:26:57.000So there are a lot of solutions still on the table.0.64
00:26:59.000The black pilling, in other words, is actually counterproductive.
00:27:38.000You can deport people before they have babies.0.83
00:27:41.000Temporary visas need to be widely curbed.
00:27:45.000About 50% of all illegal immigrants are not just crossing the southern border.
00:27:48.000They are coming on temporary visas and then overstaying.
00:27:52.000So, our enforcement mechanisms on temporary visas need to be significantly stronger.
00:27:58.000About 1 million legal immigrants per year get in using work visas or family sponsored visas.
00:28:04.000So, go back to those numbers for a second, where we are talking about the percentage of the American people who are immigrants now.
00:28:11.000If you look at that original chart, the one that shows sort of the line that The orange line and the blue line.
00:28:20.000What you see is, again, between 1970 and 2022 and 2024, a large spike in the percentage of American population that is immigrant.
00:28:33.000Basically, if you just got rid of the illegal immigration, forget about legal immigration for a second, which you can also curb, but talk about just illegal immigration.
00:28:41.000If you had curbed that, that percentage would have stabilized in about 1990.
00:28:46.000And right now, you'd be in the 8% to 9% range, not in the 15% plus range.
00:28:52.000So, if your borders are, there would be a bunch of things you would do.
00:28:57.000You would actually, you know, push for, yes, mass deportation of people who are involved in anything criminal.
00:29:01.000And that would include things like carrying around fake ID, using false social security numbers.0.81
00:29:06.000By the way, a huge majority of illegal immigrants have to do these things.0.84
00:29:10.000And when it comes to visa tests for permanent visas, we would have to more carefully screen.0.77
00:29:18.000You'd have to share our values or come from a system that shares our values, wish to assimilate into American values on an individual level, be able to prove the first two.0.83
00:29:26.000So, if you're coming from a place where we can't prove it, you shouldn't get in.
00:29:29.000And you have to show that you're going to be of net economic benefit to the United States.
00:29:31.000You're not going to be a welfare draw.
00:29:35.000And when it comes to temporary visas, we would boot people as soon as the temporary visa has expired.
00:29:39.000We'd actually follow up, which we don't do right now.
00:29:41.000And of course, we would shut the border.
00:29:43.000We would start deporting people who are in the country illegally and are welfare dependent and are engaged in illegal activity of any sort.
00:29:50.000Again, you can start with the most egregious criminality and work your way down.
00:29:53.000One of the things you keep hearing is well, the states aren't participating with the federal government in identifying illegal immigrants for deportation.0.92
00:30:01.000You can actually, like the federal government, are you telling me the federal government has no capacity to look up the immigration status of the some tens of thousands of illegal immigrants in state prisons right now?
00:30:12.000They can't look up the name and the immigration status?
00:31:47.000And Congress could still do things with regard to birthright citizenship.
00:31:50.000Justice Kavanaugh noted in his concurrence/dissent: he wrote, quote, Congress could, consistent with the 14th Amendment, amend the law or otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country.
00:32:22.000Now, listen, I know there are systemic obstacles to things like congressional action, the filibuster.
00:32:26.000And I get the argument that's made by a lot of folks dump the filibuster, otherwise, nothing will ever get done.
00:32:31.000As I've said before, I think that's a bad idea because once you break that glass, you cannot unbreak that glass.
00:32:35.000And the same dumping of the filibuster that will allow you to ram through harsher immigration policy will allow Democrats to ram through an open border.
00:32:44.000But bottom line is this yes, the birthright citizenship decision is a really, really bad Supreme Court decision.
00:32:52.000But if you are concerned about the radical shift in immigration in the country, the worst thing you can do is black pill because that removes responsibility from the executive and the legislature.
00:33:02.000It basically says, ah, the judiciary blew it for us.
00:33:33.000The president himself says this, by the way.
00:33:35.000Here he was on Truth Yesterday The Supreme Court upheld birthright citizenship, which is too bad for our country.
00:33:40.000But we can easily make it up in Congress through legislation with the support of the president that has now been determined during this process.
00:33:46.000No long and unwieldy constitutional amendment is necessary.
00:33:49.000Congress should start today to work on ending expensive and unfair to our country birthright citizenship.
00:33:53.000They will have my complete and total support.
00:33:58.000And here is the thing for conservatives and Republicans immigration remains a winning issue because it is not that Democrats are so in love with the concept of birthright citizenship, it is that they are in favor of open borders.
00:34:12.000If they were just making the case that probably Amy Coney Barrett or Justice Roberts might make that birthright citizenship is the law of the land, but Congress can do something and congressional and executive policy can do something, but that's not what Democrats are doing.
00:34:27.000Democrats are celebrating because they want birthright citizenship to be the basis of mass migration.
00:34:33.000What an amazing video you just watched.
00:34:36.000Well, you know, if you think so, head on over to dailywire.comslash subscribe to watch the full show ad free or check out this crazy story here.