White House Deputy Chief of Staff Stephen Miller
White House Deputy Chief of Staff Stephen Miller Photo by Kevin Dietsch/Getty Images

White House Deputy Chief of Staff Stephen Miller said that birthright citizenship allows foreigners to gain an unfair claim to American citizenship, arguing the policy undermines the rights of people already in the United States.

In a post on X, Miller wrote:

"Offering 'birthright citizenship' to the world when the world is just one plane trip from the United States steals the actual birthright of every American"

Miller's comments come as the Supreme Court prepares to hear arguments over President Donald Trump's executive order restricting birthright citizenship for children born in the United States to parents who lack legal immigration status or hold temporary visas. The administration has framed the policy as part of its broader effort to tighten immigration rules and curb what it describes as abuse of citizenship laws.

Supporters of the policy, including several Republican lawmakers, argue that the current interpretation of the Fourteenth Amendment allows people to travel to the United States specifically to secure citizenship for their children.

During a Senate Judiciary Committee hearing on Tuesday, Missouri Senator Eric Schmitt said granting citizenship to children born to tourists, foreign students or undocumented immigrants represents a "dramatic departure" from how other countries define citizenship.

Some Republicans have also pointed to so-called "birth tourism," in which people travel to the United States on temporary visas to give birth. Peter Schweizer, president of the Government Accountability Institute, told lawmakers on Tuesday that companies in countries such as China arrange travel packages that can cost up to $100,000 for expectant mothers seeking U.S. citizenship for their children.

Democrats and immigration experts have pushed back against those claims. Amanda Frost, a professor at the University of Virginia School of Law, told the committee there is little evidence that birth tourism accounts for more than a small share of births in the United States. She added that existing law already makes it illegal to enter the country on a tourist visa for the purpose of giving birth.

Frost also warned that restricting birthright citizenship could affect hundreds of thousands of children each year and create legal uncertainty about citizenship status.

A nationwide survey conducted by the Civic Health and Institutions Project released on Wednesday found that about 59% of Americans support maintaining birthright citizenship, while roughly 24% oppose it. Support crosses party lines but varies significantly, with backing from 79% of Democrats, 59% of independents and 39% of Republicans.

Miller has repeatedly argued that birthright citizenship encourages illegal immigration and imposes long-term costs on the country. In December post on X, he described the current system as an "illegal suicidal" policy that requires stricter limits on who is allowed to enter the United States.

The Supreme Court is scheduled to hear arguments on the issue next month.

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