Senator Schmitt warns that the Supreme Court’s citizenship decision is helping China

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FIRST ON FOX: Amidst the slogan of Republicans shaking their fists at the Supreme Court, one of the Senate Republicans is warning about the national security consequences of the court’s decision on citizenship.
Sen. Eric Schmitt, R-Mo., is concerned that the court’s 6-3 decision leaves America vulnerable to threats, especially from China. In an interview with Fox News Digital, he explained the many ways that lawmakers and administrators can take to deal with this issue.
“I want to do this because I believe that the future of our country is in trouble,” said Schmitt. “We cannot have Chinese generals send their wives to this country to give birth and then go back 18 years and become citizens again. It’s crazy.”
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Sen. Eric Schmitt, R-Mo., questions FBI Director Kash Patel during a Senate Judiciary Committee hearing on Capitol Hill in Washington, DC on September 16, 2025. (AFP via Getty Images)
While some lawmakers are calling for a constitutional amendment and others are pushing for legislation, Schmitt has a foot in both camps. He argued that for everything, there is a “short-, medium- and long-term solution.”
“Short-term is executive action, medium-term is our legislative action, and then the long-term solution is a constitutional amendment,” Schmitt said. “I think we should pursue all of these.”
The obvious solution to contesting the court’s decision would be a constitutional amendment, but legislation may be a more reasonable route, he said. He’s following the breadcrumb trail left by Supreme Court Justice Brett Kavanaugh to do it, too.
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“Congress may – in accordance with the Fourteenth Amendment – amend or otherwise enact a new law that exempts from birth citizenship children born to foreign nationals illegally or temporarily in the country,” Kavanaugh wrote in the court’s decision. “But Congress hasn’t done that yet.”
Schmitt’s rule would clarify the language of the 14th amendment. The court interpreted the words “under your jurisdiction” within the text to mean that all children born in the US are automatically granted citizenship.
His plan is to change the language to include “not controlled by a foreign power,” which he argues would restore the 14th amendment to its original intent and prevent foreign enemies from quietly acquiring citizenship.
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The DF-17 Dongfeng medium-range ballistic missile armed with the DF-ZF hypersonic glide vehicle, displayed during a military exhibition celebrating the 70th anniversary of the Chinese People’s Republic. (Zoya Rusinova/TASS via Getty Images)
“That would go back to what should have been an explanation, that the court made a mistake, which would give us an opportunity, I think, to have the decision overturned, because Congress made it clear,” Schmitt said.
But, as with all legislative pushes in the Senate, the 60-vote limit is a hurdle.
That means Schmitt, or any Republican pushing a birthright citizenship bill, will need Democratic support to pass.
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Schmitt pointed to the bill of the late former Senate Majority Leader Harry Reid from 1993, the Immigration Enforcement Act, which among other things sought to amend the 14th amendment to prevent the children of illegal immigrants born in the US from obtaining citizenship, as a sign that at one time, the Democrats supported the same thing that he and the Republicans were pushing.
“It wasn’t long ago that Harry Reid actually had legislation to deal with this issue,” he said. “So, you know, are the Democrats going to be the party that learned a lesson from the Biden years where they were open borders and allowed 15 to 20 million people here illegally?”
“They don’t believe in the monarchy that we can tell people who comes and who can go,” continued Schmitt. “Who are they, or will they change drastically to where the Americans are?”



