The U.S. House Committee on the Judiciary convened on February 26, 2025, to discuss the implications of birthright citizenship as defined by the Fourteenth Amendment. The meeting focused on the historical context and legal interpretations surrounding citizenship for children born on U.S. soil, particularly in light of recent concerns about "birth tourism."

Key discussions highlighted the case of Wong Kim Ark, which has been frequently cited as a foundational precedent for birthright citizenship. Some committee members questioned whether the ruling applies to children born to parents who enter the U.S. for the purpose of giving birth, often for profit. Professor Frost confirmed that, under current law, children born on American soil are considered U.S. citizens, regardless of the circumstances of their birth. He emphasized the need for enforcement of existing regulations that prohibit individuals from entering the country solely to give birth.

The conversation also touched on the dissenting opinions from historical cases, including Justice Harlan's dissent in Plessy v. Ferguson and his role in Wong Kim Ark. Some committee members expressed skepticism about the broad application of Wong, suggesting that it may only apply to children born to lawful permanent residents (LPRs). This view was supported by legal experts who argued that the ruling was premised on the parents' legal status and allegiance to the U.S.

The meeting underscored the ongoing debate over the interpretation of the Fourteenth Amendment and the legal status of children born in the U.S. to parents who may not have lawful residency. As discussions continue, the committee aims to clarify the legal framework surrounding birthright citizenship and address concerns about potential exploitation of U.S. immigration laws.