Senator Dick Durbin, Ranking Member of the Senate Judiciary Committee, questioned witnesses on March 11 during a Senate Judiciary Subcommittee hearing focused on birthright citizenship as President Trump continues to threaten changes to the policy.
The topic is significant because the Senate Judiciary Committee plays a key role in shaping constitutional protections and public safety through its legislative and oversight duties, according to the official website. The committee also aims to uphold the Constitution by reviewing legislation, overseeing federal law enforcement, and evaluating judicial nominations.
During the hearing, Durbin pressed Peter Schweizer, President of the Government Accountability Institute, about his claims that American birthright citizenship policies are being exploited by foreign adversaries such as China. Schweizer argued in his written testimony that possibly 1.5 million Chinese nationals now hold U.S. citizenship through birthright citizenship. Durbin challenged Schweizer for specific data: “Professor Frost [a Professor at the University of Virginia School of Law and the Director of the Immigration, Migration and Human Rights Program] tells us there’s a violation of federal law here. If you’re using this practice [to] come into the United States and your rejoinder to her is [that] ‘Democrats don’t pay attention to those laws.’ [You said Presidents] Obama, Biden, they don’t pay attention to those laws, suggesting that Republicans do. So, give me a number: how many prosecutions under President Trump either in his first term or this term have there been for violation of this practice?”
Schweizer was unable to provide an answer. Durbin responded: “You have some big claims. When it comes to numbers, you ought to be able to tell us how many have been prosecuted.” Schweizer again could not back up his claim. Durbin continued: “I’m asking you what the Republican Administration of Donald Trump in his first term or this term have prosecuted under this existing law which you say has created 1.5 million Chinese Americans [or] American Chinese. How many?” Again, Schweizer could not verify any number.
Durbin then asked Professor Frost if Schweizer’s claims could be substantiated; she replied that she had submitted a Freedom of Information Act request from the Trump Administration regarding these claims but had received no response. Durbin said: “The premise of this hearing is that the ‘Chinese are invading America’ through birth surrogates and birth tourism… and yet they won’t tell us what this Administration is doing to stop it with the existing law.”
In closing questions about potential changes if President Trump’s executive order on birthright citizenship were enacted and upheld by courts, Professor Frost explained that families would need to provide 'acceptable evidence' of their own citizenship or immigration status at their child’s birth or risk losing automatic citizenship for their children.
The Senate Judiciary Committee is led by a chair who oversees meetings and hearings with senators from both major political parties participating in its work according to its official website. Based in Washington D.C., it exerts influence over federal law and judicial matters nationwide as reported by its official site.
As debate continues over possible changes to birthright citizenship policy, observers will look for further clarification from both lawmakers and administration officials regarding enforcement practices and future legislative proposals.
