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Sen. Schmitt wants constitutional amendment after SCOTUS ruling on birthright citizenship

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June 30, 2026 2:18 PM
Published 1:49 PM

COLUMBIA, Mo. (KMIZ)

U.S. Sen. Eric Schmitt (R-Mo.) said Tuesday that he is filing legislation to amend the U.S. Constitution to "rein in" birthright citizenship.

The decision comes after the Supreme Court rejected Donald Trump's initiative to end birthright citizenship on Tuesday.

"Under the Supreme Court’s erroneous interpretation, American citizenship is extended to anyone who happens to be on U.S. soil when they’re born -- even if they were here in violation of our laws," Schmitt said in a news release. "This is a dramatic departure from the understanding of citizenship of our Founders and the framers of the Fourteenth Amendment."

Schmitt later posted a draft of the proposed amendment on X.

"Justice Kavanaugh MAY have left Congress a door. I’m filing legislation to walk through it," Schmitt said on X.

The Citizenship Clause in the 14th Amendment states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

Schmitt's amendment would make it so that a person born in the U.S. would only be a citizen if at least one parent has lawful residence.

"A person born in the United States and not subject to any foreign power: Provided, That a person born in the United States shall be deemed subject to a foreign power if neither parent of such person is a United States citizen or has been lawfully admitted for permanent residence at the time of such person's birth," according to Schmitt's draft documents.

According to the American Immigration Council, around 4% of Missouri's population, or around 223,000 residents, are native-born citizens with at least one immigrant parent.

In a Truth Social post, Trump pushed for legislative moves to be made to end birthright citizenship after Tuesday's Supreme Court ruling.

"Congress should start TODAY to work on ending expensive and unfair to our Country, Birthright Citizenship. They will have my Complete and Total Support!" Trump said.

Dave Roland, the Senior Legal Advisor of the Freedom Center of Missouri, suggests that Schmitt's plan may run into difficulties.

If Schmitt's opts to use Congress to amend the act, the Supreme Court would most likely push back.

"Even if they dissented from the decision today, Congress does not get to tell the Supreme Court how to interpret the Constitution," Roland said.

If Schmitt is looking to change the Constitution, he must jump several high hurdles, including getting two-thirds of both the House and Senate to propose the amendment. If passed by the legislature, the amendment must be approved by three-quarters of the states' legislatures.

The Supreme Court may also have an opportunity to change its mind if another birthright citizenship case is brought before it. However, Roland thinks this is unlikely, especially if the court's political composition remains the same.

"In the wake of today's opinion, it is now well-established that birthright citizenship is a floor that no further federal action short of a constitutional amendment can get beneath," Roland said.

Charles Zug, Assistant Professor of Political Science at the University of Missouri, adds that Schmitt's plan is more symbolic and part of politics.

The senator, Senator Schmidt and others are maybe personally very upset by this, they definitely have to act like they're upset by this because a lot of their voters wanted to overturn birthright citizenship," Zug said. "When the court comes in and shuts them down, as it's done in this case publicly, they'll pretend to be very upset about it, but in private, they'll be like the court kind of got this item off of our agenda and now we don't really care about it anymore."

Democrat U.S. Rep. Wesley Bell (D-Mo.) praised the ruling and said the decision was best for the American people.

"This is a WIN for our immigrant communities and for people just chasing the American Dream. Let’s keep working to protect the rights of ALL Americans." Bell said in a post on X.

U.S. Rep Emanuel Cleaver (D-Mo.) also supported the decision.

"I’m pleased the Supreme Court upheld birthright citizenship and rejected efforts to chip away at one of our Constitution’s most fundamental guarantees. Our laws, and our democracy, are strongest when we honor the Constitution, not attempt to rewrite it." Cleaver said in a post on X.

U.S. Rep. Mark Alford (R-Mo.) also voiced a need for Congress to act, adding that the ruling fails the U.S.

"True sovereignty means a nation has the absolute right to determine who belongs to its political community. When we allow citizenship to be granted based purely on geographic location—regardless of the parents' legal status or allegiance—we lose control over our own borders and our national identity." Alford said in a post on X.

Schmitt's bill has not yet been filed on the U.S. Congress website.

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Marie Moyer

Marie Moyer joined ABC 17 News in June 2024 as a multimedia journalist.

She graduated from Pennsylvania State University in May 2024 with a bachelor’s degree in broadcast journalism and a minor in sociology.

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