U.S. Senate Democratic Whip Dick Durbin, Ranking Member of the Senate Judiciary Committee, delivered his opening remarks on Mar. 10 during a Senate Judiciary Subcommittee hearing focused on birthright citizenship as President Trump continues to threaten this constitutional principle.
The issue is significant because it concerns the Fourteenth Amendment's guarantee of citizenship for children born in the United States, regardless of their parents' immigration status. The matter is currently before the Supreme Court in Trump v. Barbara, with oral arguments scheduled for April 1. Durbin and Senator Jacky Rosen led a group of 216 House and Senate Democrats in filing an amicus brief arguing that President Trump's executive order to end birthright citizenship violates both the Constitution and longstanding Supreme Court rulings.
“To quote former Chairman of the Joint Chiefs of Staff, General Mark Milley: ‘We don’t take an oath to a king, or a queen, or to a tyrant or dictator, and we don’t take an oath to a wannabe dictator…. We take an oath to the Constitution, and we take an oath to the idea that is America….’ We’re here today to talk about an effort—by the President of the United States—to undermine the Constitution and overturn black letter constitutional law and statute by royal fiat,” Durbin said.
He continued: “Section One of the Fourteenth Amendment reads, [in part] ‘All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States….’ In 1898, the Supreme Court held that the Citizenship Clause of the Fourteenth Amendment guarantees citizenship to the children of foreigners present on U.S. soil, even if their parents are not eligible to become U.S. citizens.”
Durbin also addressed recent events involving Secretary Kristi Noem and discussed his own family's immigrant background: “One week ago, Secretary Kristi Noem walked in and sat at this table. Forty-eight hours [later], she was removed as the Secretary of the Department of Homeland Security. What is at stake here is a national conversation about immigrants… My mother was an immigrant to this country. My two brothers were born before she became a naturalized citizen. Is there any question [that they are citizens?] They served in our United States Navy. There is no question [they are citizens] in my mind.”
The Senate Judiciary Committee plays a key role in shaping constitutional protections and public safety nationwide through its legislative and oversight duties according to its official website. The committee aims to uphold constitutional principles by reviewing legislation, overseeing federal law enforcement agencies, evaluating judicial nominations according to its official website, and influencing civil rights through these responsibilities according to its official website. It operates as a standing committee based in Washington D.C., led by a chairperson who oversees meetings attended by senators from both major political parties according to its official website.
Durbin concluded his remarks by saying: “Let us end this fear and hatred [toward] immigrants.”
