Federalist Radio Hour Why Birthright Citizenship Is Not A Constitutional Right
Apr 7, 2026
Ira Mehlman, media director at FAIR and immigration-policy commentator, discusses the Supreme Court arguments over birthright citizenship. He explores the 14th Amendment's "subject to the jurisdiction" clause. He examines birth tourism, historical context, and how enforcement and policy choices shape citizenship questions.
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Jurisdiction Phrase Is The Key To Birthright Citizenship
- The Citizenship Clause hinge is the phrase "subject to the jurisdiction thereof" not mere birth on U.S. soil.
- Ira Mehlman cites diplomats and Native Americans as historical exceptions showing the clause limits automatic citizenship.
Subject To Jurisdiction Means Allegiance Not Just Obedience
- "Subject to the jurisdiction" implies a deeper connection than obeying laws; it connotes allegiance and ongoing legal ties.
- Mehlman contrasts diplomats and foreign nationals who can be removed as examples of lacking that deeper jurisdiction.
Birth Tourism Industry Exploits Current Interpretation
- Mehlman describes a thriving birth tourism industry where pregnant visitors come on tourist visas to give birth in the U.S.
- He explains contractors set up clinic visits, mothers return home, and children later may sponsor family immigration.