SCOTUS’ Most Consequential Case in Years | Episode 259
59 min
•Apr 2, 2026about 2 months agoSummary
Host Vince Coglianese discusses President Trump's Iran military operations, Supreme Court oral arguments on birthright citizenship, and DHS funding negotiations. The episode focuses on the constitutional interpretation of the 14th Amendment's jurisdiction clause and whether children born to illegal immigrants should automatically receive U.S. citizenship.
Insights
- The 14th Amendment's 'subject to the jurisdiction thereof' clause was designed to exclude children of foreign nationals and those owing allegiance to foreign powers, not to grant automatic citizenship to all births on U.S. soil
- Approximately 300,000 children born annually to illegal immigrants in the U.S. creates a de facto amnesty system through anchor baby provisions and chain migration pathways
- Supreme Court justices appear divided on originalist interpretation, with Chief Justice Roberts questioning the government's position despite sophisticated constitutional arguments in briefs
- Democratic immigration policy functions as a long-term electoral strategy to replace the current American voter base with imported populations more favorable to progressive politics
- The Trump administration is using reconciliation process to fund ICE and border patrol administrative staff, bypassing Democratic opposition and demonstrating executive determination on immigration enforcement
Trends
Originalist constitutional interpretation faces practical application challenges when justices must reconcile 1868 framers' intent with modern immigration volumes and welfare state implicationsBirth tourism and anchor baby strategies are evolving as sophisticated immigration arbitrage, with documented rings generating millions in California and ArizonaExecutive branch immigration enforcement is shifting toward unilateral action through reconciliation and emergency funding mechanisms when legislative consensus failsSupreme Court composition (6 conservative justices) prioritizes framers' intent over policy practicality, potentially creating unexpected rulings based on historical analysisChain migration multiplier effects are being weaponized as demographic replacement strategy, with first-generation anchor babies enabling family reunification at scaleWelfare benefit eligibility for children of illegal immigrants creates perverse incentive structure encouraging illegal immigration and family separationConstitutional amendment pathway for immigration reform is effectively closed due to legislative gridlock, making Supreme Court rulings existential for policy change
Topics
14th Amendment Birthright Citizenship InterpretationIllegal Immigration and Anchor Baby PolicySupreme Court Oral Arguments on Jurisdiction ClauseChain Migration and Family ReunificationIran Military Operations and Deterrence StrategyDHS Funding and Reconciliation ProcessBorder Security and Immigration EnforcementWelfare Benefits for Illegal Alien ChildrenConstitutional Originalism vs. Practical PolicyElectoral Demographics and Voter ReplacementBirth Tourism and Immigration ArbitrageExecutive Authority and Legislative GridlockCancellation of Removal and De Facto AmnestyForeign Allegiance and Citizenship RequirementsCivil Rights Act of 1866 vs. 14th Amendment
Companies
Center for Immigration Studies
Andrew Arthur, resident fellow, provided expert analysis on Supreme Court birthright citizenship case and immigration...
People
Andrew Arthur
Immigration law expert and former immigration judge analyzed Supreme Court oral arguments on birthright citizenship a...
Donald Trump
Announced Iran military operations completion and DHS funding strategy; attended Supreme Court oral arguments on birt...
John Sauer
Argued government position on 14th Amendment jurisdiction clause and birthright citizenship before Supreme Court
Cecilia Wang
Argued ACLU position defending birthright citizenship for children of illegal immigrants before Supreme Court
John Roberts
Questioned government's birthright citizenship argument, suggesting narrow exceptions cannot logically extend to larg...
Ketanji Brown Jackson
Suggested committing crimes establishes allegiance to a country, demonstrating flawed reasoning on jurisdiction clause
Marco Rubio
Explained Iran's strategy shift toward conventional missile buildup as means to protect nuclear weapons program devel...
Mike Johnson
Committed to passing DHS funding bill despite initial opposition to Senate version; supporting reconciliation process
John Thune
Coordinated with Trump administration on DHS funding strategy using reconciliation and emergency appropriations
Chuck Schumer
Claimed House Republicans caved on DHS funding; attempted to frame outcome as Democratic victory despite losing restr...
Dan Bongino
Discussed Supreme Court birthright citizenship case and demographic replacement strategy with Vince Coglianese
Quotes
"We've beaten and completely decimated Iran they are decimated both militarily and economically and every other way"
President Trump•Iran speech segment
"The 14th amendment was passed to protect the former slaves of the United States people who were held in bondage. It was passed to say you're an American citizen by virtue of your birth here"
Vince Coglianese•Supreme Court analysis
"If you are illegally present in the united states and you have a child you can actually seek a form of relief called cancellation for certain non permanent residents which is a de facto form of amnesty"
Andrew Arthur•Immigration policy discussion
"The democrats believe that in the long run that's going to be to their benefit. These are a new class of pro democrat voter coming up in the system"
Vince Coglianese•Electoral strategy analysis
"If these supreme court justices don't recognize that the very future of our country hangs in the balance then we may be done for"
Vince Coglianese•Supreme Court existential stakes
Full Transcript
Hey, good morning everybody great to talk to you on a Thursday. Welcome glad you're here We've got a lot to get to the president of the United States with a big speech on Iran last night We'll get to that right away. Also new developments on funding DHS We'll explore that and the United States Supreme Court just heard that huge case on birthright citizenship and boy That was a deeply frustrating experience to listen to I've got all the details all ahead on this edition of Vince I'm so glad you're here. Thanks for being with us today I want to tell you about one of our great sponsors bone charge bun charge is a great company They've got great products they've got the infrared sauna blanket and I have the infrared sauna blanket thanks to them and my wife Allison has the red light face mask and we love these products We love them that that sauna blanket means I have a sauna in my house and I get to use it all the time I can wrap myself up and it helps with muscle recovery recovery Detoxification total game changer in my life what that infrared heat work its magic and it helps me relax and rejuvenate is great after a workout It's perfect Allison loves the red light face mask because it helps improve your skin's texture reduces inflammation and she's gorgeous She looks great. She's seen fantastic results. It's like having a mini spa treatment right at home If you're thinking about trying these products out, you're in luck head to bond charge comm. That's B O N charge comm Use the code Vince at checkout and you're gonna get 15% off both of these products. I made a huge impact on us I think you're gonna love them too use the code Vince at bond charge comm to save 15% these statements or products have not been evaluated by the FDA these products are not intended to diagnose treat cure or prevent any disease or condition Wow what a night holy cow, okay We've got a big speech from the president of the United States last night 9 p.m. Eastern time as he stepped and we're very promptly by the way, that was pretty cool he stepped up right on the dot and Gives a speech on an update on what the heck is going on in Iran and the president He that I would say if there was a tone to the speech it was one of relief It was that hey look I finally did this 47 years of this nonsense I decided to finally pull the trigger and the reason for that was because the threat was Very very imminent and we needed to take these guys out So we did and now over the next two to three weeks We're gonna wrap this thing up the president announced last night with the most resolve I've heard him use throughout this entire saga in fact I'm gonna take you through some of the clips right now and just give you a sense of what the president had to say last night Here is the president just saying that his first preference in all of this was always diplomacy This is what he wanted to do. He's a guy. I just I wanted diplomacy here And but we didn't we weren't able to do that. So we we just decided to blow him up. What's up? My first preference was always the path of diplomacy yet the regime continued their relentless quest for nuclear weapons and rejected every attempt at an agreement For this reason in June. I ordered a strike on Iran's key nuclear facilities and operation Midnight hammer. Nobody's ever seen anything like it Those beautiful B2 bombers performed Magnificently we totally obliterated those nuclear sites the regime then sought to rebuild their nuclear program at a totally different Location making clear they had no intention of abandoning their pursuit of nuclear weapons They were also rapidly building a vast stockpile of conventional ballistic missiles And would soon have had missiles that could reach the American homeland Europe and virtually any other place on earth Iran's strategy was so obvious They wanted to produce as many missiles as possible and they did With the longest range possible and they had some weapons that nobody believed they had we just learned that out Yeah, we took them out. We took them all out That no one would really dare stop them and they're raised for a nuclear bomb and nuclear weapon a nuclear weapon like nobody's ever seen before All right, so there's the president of the United States explaining some of where we were in this conflict and And that's I think one of the most important recitations of the facts yet and Marco Rubio said something similar in the last 48 hours where he said that look these guys in their pursuit of a nuclear weapon what they had decided to do they had shifted strategy They decided that they were going to build a massive Conventional force of missiles. They wanted to blanket That entire region with missiles in in such a way that nobody could really get in there without a massive massive war breaking out So they're the buildup of conventional arms Had become really immense and his secretary of state Marco Rubio said again now 48 hours ago That basically if we allowed this to continue by this time next year This would be an utter nightmare to try to resolve so the window was closing So that's why they decided to go after this It's not merely the stage of where the nuclear program is it was the stage of where the conventional armaments were as a Means to build up the nuclear program that we had destroyed again And so this is where the Trump administration acted very swiftly to try and stop all of this now He said the strategy was obvious We learned that they had missiles that nobody thought that they had and they certainly did remember They tried to fire a couple at a US military base in the Indian Ocean They were firing just very very far away far beyond what the Iranians claim. They even could do the president said we you know Everybody's learned now that they definitely had these capabilities And then he went on last night and he said, you know, we've beaten and decimated these guys We've beaten and decimated completely Iran take a listen Here's the president last night with an update on just how devastating the American military has been here To these fellas watch Future we don't need it. We haven't needed it and we don't need it We've beaten and completely decimated Iran they are decimated both militarily and economically and every other way and the Countries of the world that do receive oil through the Hormone Strait must take care of that passage They must cherish it. They must grab it and cherish it. They can do it easily We will be helpful But they should take the lead in protecting the oil that they so desperately depend on So to those countries that can't get fuel many of which refused and involved in the Decapitation of Iran we had to do it ourselves. I Have a suggestion number one by oil from the United States of America We have plenty we have so much and number two build up some delayed courage should have done it before Should have done it with us as we asked go to the Strait and just take it protect it use it for yourselves Iran has been Essentially decimated the hard part is done so it should be easy All right, so this is a big a big moment The president is laying out that we have destroyed so many of the military capabilities of Iran So many now is it possible for them to continue to be a problem the Strait of Hormuz? Of course But who has the biggest interest in seeing the Strait open? It's actually not the United States clearly We have an interest just because of the global oil supply but not at the levels that so many countries in the region have Not at the levels that China has not at the levels that any of the European countries have So they need the Strait of Hormuz open and the president is calling on them to finally man up and do something about it He's like look I took care of the principal threat most of their military capabilities are destroyed Whatever is left you need to go in and you need to make sure that the Strait of Hormuz is open will help you But fundamentally this is your task This is the president saying the United States is not going to police everything all the time You've got to clean up these messes that affect you and your people directly So here's the president asking them to grow a pair and get in there and actually fight for what they need for their people And he keeps asking for that and I don't think that's gonna be But that's an important component to this and it's a clear sign that he's looking to extract the lion's share of the U.S. Presence from the Strait from the region over the course of the next two to three weeks He laid that out last night. He said he is negotiating with the Iranians He said that with whoever's whoever the new people are that they're they're dealing with And here he is last night describing That very short lady we're gonna we're gonna hit them very hard over the next two to three weeks He says but we are negotiating with them at the very same time take a listen complete all of America's military Objectives shortly very shortly We are going to hit them extremely hard over the next two to three weeks We're going to bring them back to the Stone Ages where they belong in the meantime discussions are ongoing regime change was not our goal We never said regime change but regime change has occurred because of all of their original Leaders death. They're all dead The new group is less radical and much more reasonable yet if during this period of time no deals made We have eyes on key targets. All right, the president is is really going with carrot and stick here You know I the carrot is you want a great relationship with the United States You want a flourishing situation for your people you want to get out of this, you know very successfully That's that opportunity awaits Just say yes, just say yes If you say yes, if you stop menacing the straight-up for moves if you play ball with us you hand over nuclear material Then we'll stop blowing you up. You want to ceasefire? That's how you get a ceasefire That's all you have to do But if you don't we'll keep destroying things until you're brought to your knees and you comply So you pick one the easy way of the hard way which one is it gonna be around and Now you've got any said regime change was not our goal We were not out there to try and change the regime We were out there to stop the threat But the regime effectively has changed because we've killed everybody at the top There's a bunch of new people coming up and those new people if you're ready to work with us We're ready to work with you and if you're not maybe you meet the fate of the old team So these are your options choose wisely President again last night and then finally he had a message for the American people and people who are concerned about This conflict and where it goes next he said I just need everybody to keep everything in perspective He used the word perspective last night, which was I thought pretty useful listen to him explaining that That in terms of the length of this conflict It's way shorter than some of the the quagmires that the United States has ever been involved in in the past Here's the president of the United States explaining watch It's very important and by the way not all these are quagmires So there's some of these are just you know conventional wars that we had to fight to keep this conflict in perspective American involvement in World War one lasted one year Seven months and five days World War two lasted for three years eight months and 25 days The Korean War lasted for three years one month and two days The Vietnam War lasted for 19 years five months and 29 days Iraq went on for eight years eight months and 28 days We are in this military operation so powerful so brilliant against one of the most powerful countries for 32 days and the country has been eviscerated and essentially is really no longer a threat So this goes to a point that I've been making a lot which is you've got to keep your perspective You've got to keep your perspective about the Trump era. You've got to remember just how many victories we've had You know, I did on the radio show yesterday. I was kind of talking about this at length But just how how secures our border right now? It's the most secure. It's ever been in American history The most secure it's ever been in American history right now What's the state of illegals in our country? We've deported three million of them three million are gone You know, what's the state of fentanyl in the country over half of the fentanyl over? 50% of the fentanyl flows have dropped off. What's the state of homicides in the country? We're the lowest murder rate in recorded history It's it's these are all signs that there's been massive successes in the Trump administration and each one of those things alone Would be a justification for why President Trump Deserves a massive double down on his agenda going into the midterms. He's got a great case to make great case And as I talk about this point of maintaining perspective not to get mopey and not to be like, oh, everything's horrible The guy just explained he goes look think about all these in these incredible conflicts in American history and how many years many of them dragged on I'm resolving the Iran problem so far in 28 days because I'm asking for two to three more weeks That's what he's asking for the from the American people is that so much to ask and I don't think the answer to that is anything But no, it's not it's not too much to ask. It's not too much to ask. I Want him to resolve this well, you know regardless of your feelings I remember there was some early reporting that maybe JD Vance or somebody had was concerned about whether or not we go in but The the report was that his perspective was if we do You got to hit them hard and you got to win. That's how you got to handle this Okay, so whatever your initial feelings were about the president choosing to go into Iran We're there now. So now the goal is make sure you hit them hard enough and make sure you win right Capiche I think that makes sense. I think that makes a lot of sense the president with a big update last night So thank you for that mr. President By the way, the media got that completely wrong. They the press yesterday Was had so many reports that were completely wrong about what the president was gonna say He was gonna spend all of his time attacking NATO allies and all this other stuff. None of that happened None of that happened He just gave us as you might imagine as he always want to do an update because he thinks the American people deserve one This is the ongoing conversation that the president's always having with us So that that occurred last night Additionally last night the president posting to truth social that a deal has been struck With the United States Congress to get funding for ice and border patrol or at least a deal that he's okay with He announced a two-phase plan to fund DHS last night And so here's the update on this story. It's this is it in some in some sense It's annoying, but it's clearly a sign that the president is done with the games. He doesn't want to play anymore on this one Here's what he said. He said the Republicans fully support our great men and women of law enforcement Maybe the word should be love Americans America thanks each and every one of our wonderful police border patrol ice and others for their work to protect our cities town streets And indeed our country itself Unlike Republicans Democrats want us to defund the police border patrol and all immigration enforcement They want to allow criminals the mentally insane lunatics from all over the world to come into our country totally unvended and unchecked Putting Americans in serious danger. I say guys This is why we're gonna go forward with incredible funding rather our incredible ice agents and border patrol through a process that doesn't need The radical left Democrat votes And that bill he says will be on his desk no later than June 1st Okay, so this what he means just to be crystal clear is he's asking the United States Senate to use Reconciliation the United States Congress to use the reconciliation process to fund ice and border patrol Now you may be thinking to yourself Vince. I thought ice was already funded I thought they had the money from the big beautiful bill the answer to that is yes They do the people who aren't being funded right now are the administrative employees at Ice and border patrol. This would be the civilian Workforce at ice and border patrol the support staff the guys you you got keep the keep turning the lights on and off the ones who operate all the Administrative side all of those people not getting paid right now And they're probably not going to be paid based on this timetable until midway through the year now That's a disaster. It's a huge disaster and it's caused by the Democrats who want to protect illegal aliens at the expense of American citizens in our country But the president saying this is the only way I can get this done right now, so we're going for it So he's going for reconciliation to get that funding through now. What about the rest of it? What about the TSA funding and the Coast Guard funding and everything else with DHS? Well, that brings us to what the Congress is going to do which is already this morning as we're speaking The United States Senate once again by voice vote Cleared through that same legislation they sent through last week, which is basically we'll fund everything else We'll fund everything else except for the administrative employees at ice and border patrol We'll do that right now in the Senate this morning John Thune appeared for that stupid pro forma session in the Senate. He very quickly Just asked for unanimous consent to pass that legislation again, and it went through no objection Now it's up to the House now speaker Johnson says they're gonna pass it So you've got president Trump saying pass it and then speaker Johnson saying we're gonna pass it now speaker Johnson has been furious about this He didn't want to pass the Senate bill in the first place according to his own words on the subject But he and John Thune put out a statement last night saying we appreciate the president's determination And once from for all bringing in to the Democrats shut down in the coming days Republicans in both the Senate and the House will be thrall following through on the president's directive By fully funding the Department of Homeland Security on two parallel tracks through appropriations and through the reconciliation process so in Summary this goes back to that Senate bill the president was able to force the Democrats to the table by giving TSA Funding on an emergency basis so Democrats cried uncle and allowed a massive Senate funding bill to go through But it wasn't everything it wasn't everything it was it was limited and that's why the House was so upset about this and Now the president said you know what I'm just gonna let all of this funding go through by any means necessary Let's get it through upside. There are no restrictions on ice There are no restrictions on ice. There's no forcing them to reveal their identities to the insane left There's none of this like you know, we need these Judicial warrants to freeze up the immigration system none of that crap So the president's position to the Democrats is like up yours. We're not giving you anything you want We're gonna fund all of this on our own which they are But of course it hasn't stopped Chuck Schumer from celebrating over and I Chuck Schumer is gloating over the fact that they're passing in in this Way, he says in order, you know, of course because everything everything's always like how can I turn this into a way to attack Trump? He says House Republicans caved they agreed to pass the Senate bill to fund DHS except for ice and CBP They unanimously passed a week ago. Okay, but again without any restrictions that Democrats were demanding Designed to imperil ice agents and designed to make our country less safe. You get none of that So up yours Chuck Schumer you get none of that. All right more in a moment. I want to talk to you about that big Supreme Court case yesterday because The the Supreme Court had oral arguments yesterday about what it means to be an American citizen Does the 14th Amendment really confer on every illegal alien who invades our country and has a child? Does it confer American citizenship on that child? Give that family privileges in our country after having invaded it. Is that really what it's for? We've got the details on that all coming up on this edition Events want to thank one of our great sponsors who keep our show powered up and that sponsor today is quints Which I'm very excited about for a couple of reasons But first and foremost a thoughtfully built wardrobe really comes down to pieces that mix well feel great and actually last and that's precisely where quints Shines premium fabrics smart design and everyday essentials that stay dependable no matter the season now I love quints. I upgrade my basics with quints. It's my go-to They've got lightweight cashmere sweaters. You see what I'm wearing right now. Look at this for those of you rumble.com Slash Vince this is quints. This is quints stuff right here. Look at this I even pull the hoodie up. Can I pull the hoodie up without messing up my my headphones? I got a hoodie on look at that Amazing thanks to quints. 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Did anybody listen to this? Did you guys listen to The oral arguments yesterday as I told you, you know, if just the the the tercest possible summary The 14th amendment was was passed to protect The former slaves of the United States people who were held in bondage It was passed to say you're an American citizen by virtue of your birth here Your children are American citizens by virtue of their birth here. You're American citizens It was meant to protect protect previously enslaved black Americans. That's it But the left has distorted this beyond recognition and now if some rich Chinese Communist comes to the country has a baby and then instantly brings that baby back to China that babies an American citizen How does that make sense? How does that make sense at all? How does it make sense that any illegal alien across the planet can break their way into our country have a child and now They have an American citizen and access to welfare. How does that make sense? It doesn't it doesn't yet in the United States Supreme Court yesterday It was a very frustrating experience to listen to these Supremes that the justices talk about this and I want to start with the Chief Justice John Roberts listen to him yesterday He seemed very confused about why illegals should be excluded from American citizenship. Listen Starting with that theory you obviously put a lot of weight on subject to the jurisdiction thereof But the examples you give to support that strike me as very quirky, you know children of an ambassador children of enemies during a hostile invasion children on warships and then you expand it to the whole class of Illegal aliens are here in the country I'm not quite sure how you can get to that big group from such tiny and sort of idiosyncratic Examples there are those sort of narrow exceptions for ambassador for and public ships Tribal Indians enormous one that they were very focused on in the debates as well But what I do is I invite the court to look at the intervening step Which is the enactment of the Civil Rights Act of 1866 and there they didn't say subject to the jurisdiction thereof There it says not subject to any foreign power now if you go back to Blackstone in Calvin's case They say it does not matter if you are subject to any foreign power if you are born in the king's domains You have this Indifeasible duty of allegiance to the king at any time so there's a clear repudiation In the Civil Rights Act the civil rights act is this breakwater Which makes it very very clear that they are not thinking about allegiance in the terms of like the British common law They've adopted the Republican Conception of allegiance so it's from not subject to any foreign power and then the debates just a couple months later Make it very clear that they're recodifying the same conception They were dissatisfied with the potential ambiguity in the phrase Indians not tax and they adopted subject to the jurisdiction thereof And one of the perfect thank you So let me let me just take you back to what John Roberts started with there He goes well wait a second, you know, they were they didn't give citizenship to some narrow categories He claims like the children of foreign diplomats if an foreign ambassador comes to the United States and has a baby here They weren't entitled to that child becoming an American citizen, but those are very narrow exceptions He said so so what about a large group like illegal aliens? How could it how could something that applies to a small group of people apply to a large group of people? What what kind of argument is that? So if enough people break our laws they get to do it. Is that really the argument that you're mounting John Roberts? and John Sauer Who is the solicitor general of the United States? He's he's the guy with the scratchy voice you heard just arguing the case He points out something super relevant, which is that back in the mid 1800s when this whole debate was going on between the 14th Amendment and the 1866 Civil Rights Act He said this is this was fundamentally about people who were subject to foreign powers who were the subjects of foreign powers That the 14th Amendment is trying to preclude them from citizenship And I just I mean it boggles my mind that John Roberts would sit there and act confused about this Why should illegals be excluded? There's just so many of them We can't possibly exclude huge numbers of people from American citizenship. Yes, we should actually These are precisely the people who should not be entitled to American citizenship Meanwhile on the other end of the of the debate was the American Civil Liberties Union Attorney the ACLU now I just it's crazy to even hear those words said out loud because I thought you were for American civil liberties Now you're fighting for illegals. Yeah, it's that's why they call themselves the ACLU Listen to the ACLU attorney yesterday saying just because you have foreign military obligations Just because you owe your allegiance to Iran doesn't mean you should be stopped from becoming an American citizen watch Not subject to any foreign power is pretty straightforward So let me give you these examples A boy is born here to an Iranian father who has entered the country illegally that boy is Automatically an Iranian national at birth and he has a duty to provide military service To the Iranian government. Is he not? Subject to any foreign power Not within the meaning of the 1866 act Justice Alito and that's clear from Wong Kim arc and it's clear from the debates what the framers meant by the phrase not subject Any foreign power was referring to the ambassador exception if it meant what the government contends Basically, not a subject of any foreign power that you were that another country considers you a yes You sanguinesc citizen then lawful permanent permanent residents all foreign natural ordinary public ordinary public meaning of that would certainly Encompass that boy would it not? Justice Alito if you think that the language of the 1866 act was ambiguous as Wong Kim arc says The shift to the language of the 14th amendment, which is the operative text certainly clears up any ambiguity what I said about a boy born to an Iranian father is true of Children born here to parents who were nationals of other countries if I'm correct It's true to a child who's born here to Russian parents It's true to a child who's born here to Mexican parents They're automatically Citizens are nationals of those countries and have a duty of the of military service that sure seems like that's a That makes them subject to a foreign power. Yes, but again, just perfect Thank you. That would have all right So basically the ACLU attorney is trying to say well no big deal Let's not be deal that we have children born in the United States who have military obligations to foreign countries Actually, it's a massive deal. It's a massive deal and in no way should you become an American citizen on that basis? That's preposterous In fact to be really clear the children of legal immigrants should not become American citizens in the United States That wasn't the subject of the debate yesterday But just because you're here on some sort of temporary legal basis doesn't mean you should be entitled to an American citizen as a child That's crazy to me That's crazy American citizenship should be for the children of American citizens If you want a child to become an American citizen Then go through the process of becoming a naturalized American citizen If you really want to look after the well-being of this country, then that's the way you would do it But yesterday the debate revolved pretty simply around whether or not the children of illegal immigrants can be considered American citizens And one of the most frustrating things was was how difficult it was to make the easiest possible case on the planet to that Supreme Court yesterday I Got one more for you and then I want to get to a great guest on the subject Katanji Brown Jackson yesterday was a disaster as usual and She suggested yesterday that breaking a nation's laws is how you establish Allegiance, I'm sorry What listen to KBJ yesterday cut three I Was thinking about this and I think they there are various sources that say this that you can have you obviously have permanent allegiance Based on being born in whatever country you're from that's what everybody recognizes But you also have local allegiance when you are on the soil of This other other sovereign and I was thinking you know I'm I you as citizen and visiting Japan and what it means is that you know if I steal someone's wallet in Japan The Japanese authorities can't arrest me and prosecute me It's allegiance meaning can they control you as a matter of law I can also rely on them if my wallet is stolen to You know under Japanese law go and prosecute so stupid person who has stolen it so there's this oh my relationship Based on even though I'm a temporary traveler. I'm just on vacation in Japan. I'm still locally owing Allegiance in that. Oh my god. I can't even I can't even believe how brain dead this is so by by stealing a wallet She's demonstrating her allegiance to Japan. Yeah, that makes a lot of sense That's left-wing thinking if I've ever heard it Remember the George Floyd riots all those people were just demonstrating their allegiance to America when they were burning down cities and killing people and Doing billions of dollars in destruction. It was just a gigantic pledge of allegiance. We just misunderstood it at the time Those people actually love the country. They were saying They were pledging their allegiance That's because that's how you do it. That's exactly right when you pledge allegiance. The way you do it is you have to commit a crime What is she a gang? This is a gang initiation to join a country That's like the craziest thing I've ever heard and it was just in the last 24 hours Thank You Katanji Brown Jackson not a biologist and shouldn't be a Supreme Court justice either. All right in a moment I'm gonna talk to a great guest Andrew Arthur's with us. I'll get his take He's an expert on immigration will to get his take on the Supreme Court oral arguments yesterday and where we go from here But first want to thank blackout coffee for being a great sponsor of our program if you want your coffee strong smooth roasted fresh For a maximum flavor then blackout coffee is for you blackout coffee is a great America first company They roast their beans right here in the United States and ship them fresh to your door Their blends are bold full bodied and crafted for people who take their coffee seriously Their medium dark roast delivers a very strong flavor without bitterness It's smooth powerful and it gives you that extra boost you need to stay focused all day And I love their subscribe and save option because I never run out of coffee Swap flavors pause cancel anytime get deep discounts plus free shipping all while earning reward points on every purchase That you can redeem for future orders. It's convenient. 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So you're less hungry Listen lean by brick house nutrition is not for the casual diet or is for frustrated dieters People who have 10 or more pounds to lose if that's you let's get you started 20% off free rush shipping Visit take lean calm enter the code Vince for your discount. That's promo code Vince take lean Com these statements have not been evaluated by the FDA This product is not intended to diagnose treat cure or prevent any disease not a substitute or alternative for care from a healthcare provider All right joining us right now Andrew Arthur is here He's the resident fellow in law and policy for the Center for Immigration Studies and a former immigration judge It's great to see you are. Thank you very much for being here today Thanks so much for having me Vince. I probably could have used some of that blackout coffee while I was listening to this oral argument yesterday Isn't it crazy? So, you know, I actually I had higher hopes yesterday for the oral arguments I thought that we'd have more people on the side of sanity here Which is that no, of course that found the the people who drafted the 14th amendment did not intend for every illegal alien to have an American citizen child in our country. What did you think of the oral arguments yesterday? I actually it was very interesting. It was more or less what I expected it to be Uh, there was tough questioning of both john sour who represented the trump administration And cecilia wang who represented the aclu in that but I the one thing that I was sort of surprised about was sour and the department of justice had submitted a number of briefs that you know were actually well thought out very Sophisticated briefs they probably on the briefs. They probably had the better side of the argument But many of the justices including chief justice John roberts didn't really seem to read very deeply into the briefs or weren't buying what sour was selling because at one point Roberts referred to some of the references that sour made as quirky But I mean we're talking about a law that was passed in 1868 we're talking about a supreme court decision that was issued in 1898 based upon english feudal law. So I mean you're you're definitely going to be It's a pretty heady argument. Uh, and you know it points. They did get very deeply into it So, you know, intellectually it was very stimulating except for kandahanshi brown jackson But with respect to the the other arguments, I thought that they were very thoughtful I think we're going to have the justices the clerks They're going to pour over those briefs and I actually think the government may have a slightly better chance than most people think So you actually think that john sour did a decent job yesterday? I mean he did I mean he's I've always been impressed by his his arguments before the court and generally I was yesterday There was a moment where I think brett cavanaugh had asked him Um, why it's relevant that so many other countries don't handle immigration the same way we do He's like, why are you even bringing up the way other countries handle this because I'm only interested really in american law And the american constitution american history and I thought the answer that that john sour did not produce to that question would be Well, it's relevant to know how other countries handle this historically Because that would get into the minds of the people who drafted the 14th amendment. Wouldn't it? Yeah, vince in fact it makes me think that you've actually read through john sour's brief because he covers that very well and he you know Explains that at the time that the 14th amendment was passed and at the time that the constitution itself was ratified That the founders had cast off those, you know feudalistic english principles that governed nationality in britain Uh and had actually surveyed the world to see what they did how they treated nationality so that we could create a very unique american citizenship If you think about it vince the biggest difference between you know, the new united states and the old british empire Was the fact that we didn't have a king uh in the united states the people were sovereign and therefore You know ideas that you are the liege to the king When born there and thus you gain nationality is a poor fit and that's really the point that the justice department was making in its briefs But yeah, I was surprised that sour didn't respond in that manner because that is actually the point that the government made in its briefing As a just as a matter of like common sense Like how could any person be for allowing illegals to Jump across our border and have an american citizen child. How could how could that be? You know, I looked uh, and you and you would know the data much better than me are but I looked at The data this week so I could reflect on this and I was like stunned by the number of illegal alien babies who are born in the united states each year We're talking around 300 000 according to pure research data back in 2023 That's in the country. That's with about three and a half million births In other words, there's like eight or nine percent of all u.s. Births Each year are two illegal aliens in our country. This is a problem of epic proportions Yeah, it absolutely is and you know, here's sort of the good and the bad that comes along with having Six conservative supreme court justices. They really don't care about the practicality of the thing They care about the intense of the uh, the framers the founders the ratifiers of the 14th amendment Keep in mind. This is the same supreme court that in magurg versus oklahoma found that 42 percent of A state in the middle of the united states was actually indian territory and they did that in 2020 Right, so the practicalities of the thing don't really weigh that heavily in except to the degree That there was a line of questioning, uh about how the interpretation of the 14th amendment would change given Technology and you know modern changes people don't come on, you know wooden ships. They don't come on steam ships They could fly directly into the united states and get birth. In fact, we've seen birth tourism rings that were Cracked that had made, you know millions of dollars in california and orzani and around ervan So, you know, they actually did explore that issue but I think they're only going to consider the practicalities of the thing in terms of You know, how it would you know, how if the framers had known about these modern technologies Including, you know in vitro fertilization, you know, how they would have applied The key second clause in section one of the 14th amendment subject to the jurisdiction of the united states Yeah, I mean doesn't the constitution also include a provision that we can fort invasion You know, it's like we we're being invaded right now and then everyone acts like that's totally normal it's you know, I I was frustrated by Um, john roberts is questioning when he suggests he's like well Obviously the 14th amendment as you point out john sour Uh, precludes a couple of people from having us citizen children like, you know foreign diplomats can't have American kids if they're born on u.s. Oil But beyond that like how do you stress that out to illegal aliens? There's just so many of them and I was like well just because there's huge numbers doesn't mean the law doesn't apply does it? Yeah, no, and you know, it's it's actually a very interesting point vets because it one Juncture, I think it was just as Sotomayor who you know, or actually was justice jackson Who you know suggested that if uh, the Trump executive order were to take effect that pregnant woman women would have to be deposed by their doctors to determine What their status was in the united states now this it represents a fundamental misunderstanding of what happens at maternity hospitals And I have a very close relative who was an obstetrician uh The the hospital itself the doctor the nurses and the delivery suite the midwives They don't make the determination of who is a citizen or who isn't and if you look at a birth record from a hospital All that it does is record the the name of the parents The size and weight of the baby, you know the baby's name is known They'll occasionally capture apgar scores on those things, but they don't say anything about citizenship It's a sign gender at birth just to be clear too. That's when they shoot they assign your gender at that moment I I knew you were going to go for that one too, vids, but I won't pass over that one for a second But yeah, you know that document only matters when it comes time for the child to receive some sort of government benefit to get a social security card to get a passport to apply And you and I both know how common this is when the parents go to apply for food stamps for that child If you look at the amicus brief that was filed by the state of tennessee They actually talk about the billions of dollars that states incur providing means tested public benefits wick Medicaid food stamps to you know all of those children who were born to illegal aliens in the united states So again, I think that if the framers had known that and we can you know The supreme court's going to try and suss out, you know what the framers would have thought if they had known That we would have this welfare state, you know how they would have applied it Which is why I think that the government actually has a slightly better chance than most people do in this case Okay. All right. Well, I mean, I'm very happy to hear a little bit of optimism on that subject because I was I was very pessimistic coming out of that yesterday um, but also can can you explain our how like kind of what Having a u.s. Citizen child does for an illegal alien parent So like if you're in the country illegally and all of a sudden you have a kid that's considered an american citizen What does that give you access to and what what what does your future look like now that a u.s. Citizen's a part of your life? Well, you know, that's a great question Uh, and you know, we could probably talk for an hour about all of those benefits But here's really the key one as soon as you have the united states citizen child that child is Eligible for all those means tested public benefits. I just talked about Medicaid food stamps One of the things that the center for immigration studies has determined is that you know Aliens in the united states actually use welfare benefits at a higher rate than the native born Notwithstanding the fact that back in 1996 Congress attempted to strip aliens even green card holders of their ability to get means tested public benefits because there is a public charge test in the immigration and nationality xo, you know, the most You know straightforward one is public benefits But as soon as that child turns 21 the child can then petition for the parent to get a green card to come here You know to reside here and be placed on a path to citizenship, but more Wait, even if they're here, well, sorry, even if they're here illegally already if they're present in the country illegally The us's yeah, well, they can represent. They would have to they would have to go abroad pick up the v's and come back in And they'd have to get a waiver of their unlawful presence, but the biden administration was giving those waivers away like they were bazooka joke comics in You know a pack of gum So, you know, sorry, okay. Just can we dwell on this for a second? So what you just described is amnesty at scale If there's 300,000 us citizen children being born in the united states each year and then when they come of age The biden administration was granting pathways to citizenship to all of their parents. Is that I mean was this a pretty big Amnesty that they handed out Yeah, I mean and it is an amnesty under color of law without congressional approval But yeah, in essence, that is what they were doing But there's even you know one step beyond that If you are illegally present in the united states and you have a child You can actually and you you get placed into removal proceedings You can seek a form of relief called cancellation for certain non permanent residents We call it 42 b cancellation because it's the form e or 42 b the people Used to apply for that And as soon as you file that application Your case is put on hold until the judge can adjudicate whether your removal from the united states would result in exceptional and extremely unusual hardship to the child that itself is also a de facto form of Amnesty because it allows the parent to remain in the united states for a year five years ten years until the court can get around to Adjudicating those cases. They're not high priorities And for that reason it basically buys you time to remain in the united states unlawfully Which is where we derive the term anchor baby from all of a sudden now You've you've bound yourself to the country by virtue of the american citizen child that you've been conferred Yes, and you know that child is the first link in chain migration To not only legalize the parent and then once the parent gets citizenship The parent can then bring the parent's brother and sister mother and father To the united states, which is why we talk about the you know chain migration multipliers You know that exist in the immigration law and again the first link is that baby It is Extraordinary the the scale of this problem, and we only know some of the contours of it. Thanks to your great work Art, thank you very much. Andrew Arthur of the center for immigration studies really appreciate you being with me today, sir Thanks so much for having me then oh always good to chat. There he is. Andrew Arthur are thanks to him Yeah, so look, you know this is this is a massive problem And what's one of the things that stands out to me there is just the fact that these parents are being given Pathways to citizenship so because because they immigrated illegally And so the way that they are able to stay here and then become citizens is they have babies in the united states You hear about that all over the place. I don't think so. Thank you to Andrew Arthur for explaining That we've got we've got a massive problems to fix here massive problems, you know, I I um I had Dan Bongino the great Dan Bongino on my radio program yesterday We're we're doing um crossover episodes each week. I'll be on his podcast next week wednesday and We were chatting about this problem and about the oral arguments yesterday and I I brought up the fact that What you're what you're looking at is the left the reason the left engages in this system the reason they love this corrupt system And the reason they're handing out citizenship like candy Is because the current American citizenry Doesn't like the left We don't support democrats We don't vote for them if we had fair elections They'd spend all their time in the political wilderness if we had secure borders and fair elections The democrat party would be non-existent And yet they continue to exist. Why is that? Because we have fraudulent elections We have a fraudulent media in many cases that lie to the american public about what the democrats are up to and why why people should support them and then Fundamentally, they're also importing people by the millions In order to establish ill-gotten political power And that manifests itself in a million different ways to include the electoral college and congressional seats that they don't deserve And the united states census numbers that don't distinguish between american citizens and illegal aliens all of those things But the other piece of this that is probably not appreciated enough In our debates is the extent to which that when these illegal alien parents are having children if they're conferred american citizenship The democrats believe that in the long run that that's going to be to their benefit That these are this is a new class of pro democrat voter Coming up in the system now it may not be true in every case There's going to be kids who are born to illegal aliens who might vote for republicans going into the future Certainly democrats had two dimensional views of all hispanics that turned out to be completely wrong But the game that they're attempting to play Is the long-term replacement of american voters? They don't like the american voters. They're not deriving power from american voters So let's import a new class of voters and go for broke there. Let's let's hope it works Now again, who knows if it'll actually work for them in the future, but that's clearly what they're attempting to do It's not My supposition. It's not my theory. It's their plan. They've written books on the subject demographics are destiny In fact, dan and i were talking at some length about this yesterday, but as we were talking about that particular phrase and the way the left has wielded it and their attempts to To truly displace the current crop of american voters I had this realization. It reminded me a lot of the matrix. Do you remember the matrix the movie? the great movie In the matrix Which is like, I don't know. Is there anybody who hasn't seen it? like in the matrix Everybody's living inside of this world where like the computers control everything like it's like so and they don't know it They're they're ignorant fundamentally humans are ignorant of this So everything around you is fake and in real life you're plugged into the matrix and you're being Manipulated in fact your body is being used for energy for the for the robots You're you're powering the matrix the human bodies are and in a way I kind of look at this and say this is kind of the same thing Democrats are deriving power From millions of people that they are importing into the united states to confer them power They're they're creating their own matrix. They're using illegal aliens as a power source for their party And it's a total betrayal of humanity. It's a total betrayal of your liberty It's a total betrayal of your sovereignty and it's all done for cruel political power And meanwhile they're pulling the wool over everybody's eyes They're generating the matrix before our very eyes. That's what the democrats are up to And it's pretty poisonous. It's a very destructive thing And so I'm encouraged by Andrew Arthur's assessment that the the court May come to their senses here and give us some sort of favorable rolling that writes this Collateral wrong that we're seeing play out before us. I hope he's right about that I worry that he's not but I hope he's right that that the justices may may do the right thing here because The truth is the case that's before the court right now is an existential case for the united states of america. It's existential If these supreme court justices Don't recognize that the very future of our country hangs in the balance Then we may be done for Now it'd be the end of the story if we get a ruling that says the status quo has to be maintained Maybe maybe not Only time will tell But understand what the challenges are going forward If the court rules against us if they continue to say yeah, of course Illegal aliens can pour into the country by the millions and have free american citizen children Of course, chinese nationals can fly into california have a baby and have a free american citizen child Of course russian oligarchs can fly into miami and have a baby and then flee and have an american citizen child If they keep that system going what options do we have to stop it? Well, we would have to pass a constitutional amendment very likely and what are the chances of that? What are the chances of passing a constitutional amendment in a world where we can't even get congress to protect voter integrity? What are the chances of passing a constitutional amendment in a world where we can't even get them to fund one agency of the federal government with a single piece of legislation? What are the chances? As a practical matter they're nonexistent When we talk about saving america We mean it We're in a fight for this country's future and it's not merely for our territorial integrity. Of course it is it's for our kids It's for anybody who has a belief that the future is owed to the people who are actually born here actual american citizen children You know, we are all the beneficiaries of our country's great history We're we're the we're the sons and daughters of people who made our country great in the first place And now our obligation is to do what our ancestors did Leave this great country to the generations that come after us That's what we're fighting for and so in this moment with the united states supreme court considering this case Um, it is really important that once again we turn to prayer always turn to prayer. It has power. It has value And we just keep reminding these justices. They consume media. They they're out there We just keep reminding these justices and anybody who has any hand and power in the united states We have a great country and you should do everything possible to fight for it President trump believes that president trump was present yesterday at the supreme court He went and sat for an hour and a half Of the hearing in order to observe it. Now the left freaked out about it. They thought it was like the craziest thing Oh, like what is he doing? What is he doing? He's going because he cares. That's what he's doing The left was accusing him of trying to intimidate the justices. That's so silly. How preposterous intimidate them how by sitting there and listening dutifully as they're conducting one of the most important oral arguments that's ever happened in our country Now the president was present He was there because he believes in this country and he wants to protect it. That's the fight. He's waging And if you want to find optimism in all of this including if the supreme court rules against us here Find optimism in trump's demeanor President trump never gives up the fight. The guy's always fighting against all odds. He returned to the presidency If you can demonstrate 10 of the fight that president trump has demonstrated for this country We're going to have an amazing country going forward We really will. All right. There's there's so much more I could possibly get to I want to thank everybody for being here Congratulations, by the way to the astronauts on Artemis 2 Blasting off yesterday just an amazing sight to see as they head off for that moon mission It's going to be it's going to be a big one the president was celebrating it yesterday to our prayers for our astronauts as they as they as they conduct as we speak that epic journey around the moon just an amazing amazing thing and We've got a lot more to get to coming up today on the big national radio show the vent show You can check your local listings at the vent show.com. You can also watch us live From 1 to 3 p.m. Eastern on rumble rumble.com slash fans the radio shows from 12 to 3 eastern each day God bless everybody who joins me the best audience anywhere the chat so good Also, we've got dan banjino's amazing program. That's coming up today rumble.com slash banjino very eager to see what he has to say That's 10 o'clock eastern on rumble and then hailey caronea Have you seen the hailey show the hailey show is amazing go watch the hailey show. That's a new in eastern I don't mind i'm i give you my permission. You don't even have to listen to the first hour of my radio show You can go watch hailey. She's phenomenal rumble.com slash hailey rumble.com slash hailey She's great. Look art misses on screen. That's really cool. Look at that thing blasting off Holy cow rumble.com slash hailey noon hailey with two y's why because she's great like an artemous rocket Great to talk to you today best audience anywhere. I'll be back with you tomorrow