Key Takeaways
• Senator Cruz backs the Birthright Citizenship Act of 2025 to limit automatic citizenship to children of legal residents or citizens.
• Over 225,000 babies born to undocumented immigrants in 2023 represent nearly 7% of all U.S. births, fueling debate.
• The Supreme Court will soon decide if President Trump’s executive order ending birthright citizenship can legally stand.
Senator Ted Cruz’s views on birthright citizenship are making headlines after his recent televised statements and direct involvement in new legislation. Speaking to Sean Hannity on Fox News on May 16, 2025, Senator Cruz called the current system of granting automatic citizenship to any baby born on United States 🇺🇸 soil, no matter the mother’s legal status, “terrible policy” and “an abuse of our laws.” His remarks come during a time when the Supreme Court is hearing arguments about whether President Trump’s executive order—which seeks to stop birthright citizenship for children of people in the U.S. without legal status—will stand.
Senator Cruz’s statements and actions are stirring debate in Congress, the courts, and among the public. In this article, we will look at what birthright citizenship means, why Cruz opposes it, what the legal arguments are, what the Supreme Court is deciding, and how this debate affects immigrants, American-born children, and the country as a whole. We will also discuss criticism of Cruz’s personal background and put this discussion into the larger context of immigration policy debates in the United States 🇺🇸.
What Is Birthright Citizenship?
Birthright citizenship means that any baby born on U.S. soil automatically becomes an American citizen, regardless of the parent’s citizenship or legal status. This idea is based mainly on the 14th Amendment to the U.S. Constitution, which says: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States…” Over time, courts and federal agencies have read this to mean almost every child born within the country’s borders is a citizen at birth.
Ted Cruz’s Main Concerns
Senator Cruz’s position is clear: he sees the current interpretation of birthright citizenship as encouraging illegal immigration. During his appearance on Fox News, he specifically mentioned two situations that trouble him:
- Pregnant women crossing the southern border just to give birth in the United States 🇺🇸 so that the child becomes a citizen. Cruz claimed this creates “an incredible magnet for illegal immigration.”
- “Birth tourism,” which happens when foreign nationals plan to have a baby in the U.S.—especially people coming from countries like China—to give the child automatic American citizenship.
Cruz believes allowing all babies born in the United States 🇺🇸 to become citizens, regardless of their parent’s status, is unfair and leads people to take advantage of American laws. He used phrases like “abuse of our laws” to make his point. According to Senator Cruz and others who agree with him, these situations put extra pressure on America’s resources and can undermine faith in the country’s legal immigration system.
Legislative Efforts: The Birthright Citizenship Act of 2025
Senator Cruz isn’t just talking about the issue—he’s taking action in Congress. In January 2025, Cruz joined Senators Lindsey Graham and Katie Britt to introduce the “Birthright Citizenship Act of 2025.” This proposed law would reshape who gets U.S. citizenship at birth.
Under their bill, a child would only become a U.S. citizen at birth if at least one parent is:
- A U.S. citizen or national,
- A lawful permanent resident (someone with a so-called “green card”), or
- An alien serving in the U.S. armed forces.
This law would end automatic U.S. citizenship for children born to people without legal status or those in the country on temporary visas. The bill is meant to directly address the problems Cruz mentioned on Fox News. As reported by VisaVerge.com, this new approach would make it much harder for people to come to the United States 🇺🇸 solely for the purpose of having a baby who gets American citizenship.
You can read the official details about this bill on the U.S. Senate website.
The Supreme Court Case and Legal Disputes
While Congress debates the new bill, a major legal battle is happening in the courts. President Trump signed an executive order aiming to end birthright citizenship for children of illegal immigrants and people with temporary status. This order quickly faced multiple legal challenges and was blocked by U.S. District Court Judge John Coughenour. That’s how the case now before the Supreme Court began.
During his Fox News interview, Senator Cruz explained two big legal questions:
- Nationwide Injunctions: Can a single federal district judge stop a nationwide policy like the executive order? Cruz criticized so-called “left-wing attorneys general” for using what he called “lawfare,” or use of the courts, to block President Trump’s immigration actions.
- The Birthright Citizenship Question: Does the 14th Amendment guarantee automatic citizenship to every person born on U.S. soil, no matter their parents’ status?
Cruz admits that there’s a lot of debate about how, if at all, birthright citizenship can be changed. Some legal scholars say only a constitutional amendment can change this system. Others believe Congress can do so through regular law. President Trump tried to make the change with an executive order.
The Supreme Court’s upcoming decision could affect how future changes to citizenship rules are handled. If the justices say the Constitution requires birthright citizenship for everyone born in the United States 🇺🇸, only an amendment could change it. A ruling in favor of the order or the new law might clear the way for Congress or the President to end birthright citizenship.
The Numbers: How Many Births Are Involved?
This is not just a small issue. According to the Center for Immigration Studies, an estimated 225,000 to 250,000 babies were born to illegal immigrants in 2023 alone. That makes up nearly seven percent of all births in the United States 🇺🇸. Supporters of restrictions argue that these numbers show the system needs to be changed. Opponents worry that changing the law could hurt lots of American-born children.
World Practices: How Does the U.S. Compare?
The United States 🇺🇸 is unusual in offering such a wide form of birthright citizenship. According to supporters of restricting the policy, only 33 countries in the world offer automatic citizenship by birth without conditions. Many other rich countries—including Canada 🇨🇦, most in Europe, and Australia 🇦🇺—now have some requirements, such as at least one parent being a citizen or legal resident.
This difference is one reason some lawmakers and legal experts think it’s time for the U.S. to update its policies. Others argue that America’s open policy is part of its welcoming tradition and something that should be kept.
Criticism of Ted Cruz’s Personal History
Senator Cruz has faced personal criticism because of his own citizenship story. Cruz was born in Canada 🇨🇦 to a Cuban father and an American mother. His U.S. citizenship came from his mother’s status, not because he was born on American soil. Because of this, some critics accuse Cruz of hypocrisy for wanting to end a policy, birthright citizenship, that is related to the way he became a citizen.
Cruz has answered by saying that his situation is different—he was not born in the United States 🇺🇸 and did not get citizenship just because of his birthplace. Instead, his citizenship comes only from his mother’s American status.
Stakeholder Impact: Who Could Be Affected?
The debate over birthright citizenship does not just involve lawmakers, judges, and presidents. It could affect millions of people, including:
- Babies born to immigrants who are not legally in the U.S. or who hold temporary visas,
- Parents who may choose to travel to the United States 🇺🇸 close to their due date (“birth tourism”),
- Legal immigrants and citizens who are married to non-citizens,
- Hospitals, border officials, and local governments that provide care and services to mothers and infants,
- Employers who may see changes in the supply of workers if immigration patterns shift.
Supporters of changing the rules argue that it would stop people from taking unfair advantage by obtaining citizenship for their children this way. Those opposed worry that children—who had no say over where they were born or the status of their parents—would be punished. Removing birthright citizenship could also create a group of stateless children who lack citizenship in any country, raising larger questions about their rights and future.
What Are the Main Arguments For and Against the Change?
Arguments For Changing Birthright Citizenship:
– Prevents people from coming to the United States 🇺🇸 solely to give birth and secure citizenship for their children.
– Reduces incentives for illegal immigration.
– Limits “birth tourism” and potential abuse of the immigration system.
– Brings U.S. law in line with the practices of other countries.
Arguments Against the Change:
– Could leave many children stateless, lacking any citizenship or legal protections.
– May break up families by making children American, but not their parents, or vice versa.
– Goes against America’s tradition as a nation of immigrants.
– Could be seen as punishing children for their parents’ decisions.
What’s Next? The Role of the Supreme Court
The Supreme Court’s decision is expected soon. The Court will decide if President Trump’s executive order can stand and, more broadly, if birthright citizenship is truly guaranteed by the Constitution’s 14th Amendment.
If the Court rules in favor of President Trump’s order, Congress or the President could then limit who gets citizenship by birth. If the Court says the Constitution requires it, only a constitutional amendment could change it—which is a long and difficult process.
This case is getting close attention from people on all sides of the debate. Immigration policy is also a big issue in coming elections, so decisions made now could shape the country for many years.
Historical Context and Future Direction
Birthright citizenship was originally meant to make sure that people born in the United States 🇺🇸—including those whose parents could not become citizens, such as former slaves—would be American citizens. Over time, the country has welcomed people from all over the world, and this policy has been a major part of that history.
Today, as the debate continues, lawmakers like Ted Cruz argue for change, saying the system is being abused in ways its creators never imagined. Opponents stress the importance of maintaining an open and clear path to citizenship for those born in America, emphasizing core American values.
Where Can You Learn More?
For people interested in the official laws and policies regarding U.S. citizenship, the U.S. Citizenship and Immigration Services website provides up-to-date information. This resource explains who is eligible for citizenship at birth, how the current system works, and any changes that could happen if new laws or Supreme Court decisions are made.
Summing Up
Senator Ted Cruz continues to make the ending of birthright citizenship a focus of his legislative and public work. Calling on the Supreme Court to act and supporting new congressional bills, Cruz and his supporters want to limit the automatic granting of citizenship to children of people who are not legally in the country.
At the same time, legal and personal debates continue, including questions about whether only a constitutional amendment can change this policy. The Supreme Court will soon have its say, and whatever the outcome, this issue is likely to remain hotly discussed for years.
The question at the center of it all is simple, but the answers are complex: Who should be American citizens at birth, and who gets to decide? As courts, lawmakers, and the public keep weighing in, the story of birthright citizenship in the United States 🇺🇸 continues to unfold.
Learn Today
Birthright Citizenship → Policy granting U.S. citizenship to any baby born on U.S. soil, regardless of parents’ citizenship or legal status.
14th Amendment → Constitutional amendment stating all persons born or naturalized in the U.S. are citizens, forming the legal basis for birthright citizenship.
Executive Order → A directive from the President that manages operations of the federal government, sometimes subject to legal challenge.
Nationwide Injunction → A court order preventing federal policies or actions from being enforced anywhere in the country, issued by a single judge.
Stateless → A situation in which an individual is not considered a citizen by any country, lacking legal nationality or protection.
This Article in a Nutshell
The Birthright Citizenship debate is heating up as Senator Ted Cruz proposes major reforms while the Supreme Court weighs President Trump’s executive order. With roughly 7% of births affected, the outcome could redefine citizenship. Stakeholders await clarity as ethical, legal, and political arguments clash in Congress and the courts.
— By VisaVerge.com
Read more:
• California Attorney General Rips Trump Over Birthright Citizenship
• U.S. citizenship could fast-track for wealthy with $5 million gold visa
• DHS weighs reality television show awarding U.S. citizenship to winner
• Trump Says Birthright Citizenship is for “Babies of Slaves”
• Supreme Court Stalls on Birthright Citizenship Showdown
