The latest episode of the Center for Immigration Studies podcast examines how the federal government can reduce illegal immigration through administrative, financial, and workplace enforcement measures designed to encourage self-deportation rather than relying primarily on large-scale arrest operations.

Andrew Arthur, the Center’s fellow in law and policy, joins George Fishman, the Center’s senior legal fellow, to discuss what they describe as “briefcase immigration enforcement” — the wide range of legal and regulatory tools available to federal agencies that can make it more difficult for illegal aliens to remain and work in the United States indefinitely.

The discussion follows recent Center blogs analyzing President Trump’s Executive Order, “Restoring Integrity to America’s Financial System,” which directs federal agencies to examine how banking regulations, lending practices, and identification requirements may facilitate illegal immigration and unlawful employment.

The podcast examines measures such as requiring proof of legal status to send remittances abroad, restricting access to the U.S. banking system for those here unlawfully, and imposing criminal and civil penalties on aliens who fail to depart within 90 days of receiving final removal orders. The discussion covers proposals to send Social Security “no-match” letters to employers, make more it difficult for illegal aliens to obtain identification documents and driver’s licenses, revoke commercial driver’s licenses issued improperly, and expand employers’ access to photo-matching verification to confirm worker identity and employment eligibility.

In the final commentary, Mark Krikorian, the Center’s executive director and podcast host, discusses a recent Center report arguing that Congress should consider increasing the waiting period for naturalization to give applicants more time to demonstrate their character and commitment to the principles of the Constitution. The “1798 Solution”, so named because from 1798 to 1802 the wait was 14 years, may be one of the most effective tools available to prevent individuals who pose national security threats from obtaining U.S. citizenship.

Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies.

Guests

Andrew Arthur is a Fellow in Law and Policy at the Center for Immigration Studies.

George Fishman is a Senior Legal Fellow at the Center for Immigration Studies.

Links

Big Banks and U.S. Treasury Have Been Enabling Illegal Immigration for Two Decades

Trump to Banks: Illegal Aliens are Bad Credit Risks

DHS and DOJ Begin Imposing Massive Fines on Aliens Who Refuse to Leave

Preventing Naturalization National Security Threats: The 1789 Solution

Intro Montage

Voices in the opening montage:

• Sen. Barack Obama at a 2005 press conference.
• Sen. John McCain in a 2010 election ad.
• President Lyndon Johnson, upon signing the 1965 Immigration Act.
• Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
• Laraine Newman as a "Conehead" on SNL in 1977.
• Hillary Clinton in a 2003 radio interview.
• Cesar Chavez in a 1974 interview.
• House Speaker Nancy Pelosi speaking to reporters in 2019.
• Prof. George Borjas in a 2016 C-SPAN appearance.
• Sen. Jeff Sessions in 2008 comments on the Senate floor.
• Candidate Trump in 2015 campaign speech.
• Charlton Heston in "Planet of the Apes".

As the nation awaits a potentially landmark Supreme Court decision on birthright citizenship, the latest episode of Parsing Immigration Policy features renowned legal scholar Richard Epstein for an in-depth discussion of the constitutional, historical, and legal arguments surrounding the issue.

Epstein, emeritus professor at the New York University School of Law and the University of Chicago Law School, senior fellow at the Civitas Institute at the University of Texas at Austin, and author of the new book The Myth of Birthright Citizenship, recently filed an amicus brief in the Supreme Court case Trump v. Barbara. In the brief, Epstein argues that the Citizenship Clause of the Fourteenth Amendment does not automatically confer citizenship on children born in the United States to illegal aliens.

During the conversation, Epstein explains that understanding the issue requires careful textual and historical analysis of the Fourteenth Amendment, particularly the phrase “subject to the jurisdiction thereof.”

According to Epstein, the clause requires more than mere physical presence or birth within the United States. He argues that individuals born owing allegiance to a foreign sovereign, or whose parents are not under the complete jurisdiction of the United States, are excluded from automatic citizenship.

The episode also explores Epstein’s critique of the Supreme Court’s 1898 decision in United States v. Wong Kim Ark, which is widely understood as establishing birthright citizenship under the Fourteenth Amendment. Epstein contends the ruling was wrongly decided and should not be extended to cases involving children born to illegal immigrants.

Drawing on centuries of legal history, Epstein discusses the overlooked Naturalization Acts from 1790 to 1870, the writings of influential thinkers including William Blackstone and Emer de Vattel, and American legal practices before and after the Civil War. He argues that citizenship historically required allegiance and mutual obligations between citizen and sovereign - not simply birth within territorial boundaries.

In his closing commentary, podcast host Mark Krikorian discusses the ongoing legislative battle over funding for CBP and ICE through 2029. Republicans are advancing a budget reconciliation package that could reach the House floor as early as this week or next. Because reconciliation bills can pass with a simple majority, the legislation would bypass the Senate’s traditional 60-vote filibuster threshold. Krikorian highlights that the Democratic Party has embraced positions hostile to the existence of immigration enforcement agencies, creating potential political consequences in upcoming debates and elections.

Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies.

Guest

Richard Epstein is Emeritus Professor at the New York University School of Law and the University of Chicago Law School and Senior Fellow at the Civitas Institute at the University of Texas at Austin.

Links

The Myth of Birthright Citizenship

The Case Against Birthright Citizenship

Brief of Amicus Curiae: Professor A. Epstein in Support of the Petitioners and Reversal

Intro Montage

Voices in the opening montage:

• Sen. Barack Obama at a 2005 press conference.
• Sen. John McCain in a 2010 election ad.
• President Lyndon Johnson, upon signing the 1965 Immigration Act.
• Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
• Laraine Newman as a "Conehead" on SNL in 1977.
• Hillary Clinton in a 2003 radio interview.
• Cesar Chavez in a 1974 interview.
• House Speaker Nancy Pelosi speaking to reporters in 2019.
• Prof. George Borjas in a 2016 C-SPAN appearance.
• Sen. Jeff Sessions in 2008 comments on the Senate floor.
• Candidate Trump in 2015 campaign speech.
• Charlton Heston in "Planet of the Apes".

A new episode of the Center for Immigration Studies’ podcast, Parsing Immigration Policy, examines the issuing of employment authorization documents (EADs), the use of executive discretion in granting work permits, and a proposed regulation affecting asylum applicants.

The episode features CIS Director of Regulatory Affairs and Policy Elizabeth Jacobs and Senior Legal Fellow George Fishman discussing how millions of immigrants, including illegal aliens, parole recipients, TPS beneficiaries, DACA recipients, asylum applicants, and temporary visa holders, have received work permits without Congress’s authorization.

According to CIS estimates, roughly 15 million individuals currently possess work authorization and 4.3 million illegal aliens may be eligible for work permits. As a result, USCIS reports that it faces more than 1.7 million pending EAD applications.

The discussion also focuses on a recent DHS regulation that would tighten eligibility for asylum-based work permits by increasing the waiting period from 180 to 365 days and barring applicants who are prima facie ineligible for asylum from receiving employment authorization and requiring the agency to pause acceptance of asylum-based EAD applications when affirmative asylum processing times exceed 180 days. Currently, processing times average over 1,200 days, while a new affirmative asylum applicant could expect to wait decades, according to DHS, before receiving a final decision on their claim.

The episode explains that lengthy asylum processing times have created strong incentives for individuals to file asylum claims primarily to obtain work authorization and remain in the United States for extended periods while cases are pending. USCIS currently faces massive asylum and EAD backlogs, contributing to longer processing times across the immigration system.

The conversation also examines broader legal questions surrounding executive authority to issue work permits under the Immigration and Nationality Act and whether decades of expanding administrative interpretation have effectively allowed the executive branch to operate an immigration system outside the numerical and statutory limits established by Congress.

In his closing commentary, Mark Krikorian, the Center’s executive director and podcast host highlights Acting ICE Director Todd Lyons’ recent announcement that ICE identified more than 10,000 foreign students in the Optional Practical Training (OPT) program who claimed employment with “highly suspect employers” and that this represents “only the tip of the iceberg.” OPT, which allows foreign graduates to work in the United States for up to 12 months, or up to 36 months for STEM graduates, was created through executive action rather than congressional authorization. The Center has called for the elimination of the program many times in the past.

Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies.

Guests

Elizabeth Jacobs is the Director of Director of Regulatory Affairs and Policy at the Center for Immigration Studies. 

George Fishman is a Senior Legal Fellow at the Center for Immigration Studies.

Links

DHS Proposes to Amend Asylum Work-Permit Rules to Reduce Fraud and Abuse

DOJ: Asylum Applicants Are Skipping Immigration Court at Record Levels; Their goal all along was work permits, not protection

DHS Issues New Regulation to Automatically Extend the Validity Period of Many Work Permits

Work Authorization Expansion Attracts and Embeds Illegal Immigrants

Government Data Reveal Millions of New Work Permits Issued in 2009

OPT Needs to End

Intro Montage

Voices in the opening montage:

• Sen. Barack Obama at a 2005 press conference.
• Sen. John McCain in a 2010 election ad.
• President Lyndon Johnson, upon signing the 1965 Immigration Act.
• Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
• Laraine Newman as a "Conehead" on SNL in 1977.
• Hillary Clinton in a 2003 radio interview.
• Cesar Chavez in a 1974 interview.
• House Speaker Nancy Pelosi speaking to reporters in 2019.
• Prof. George Borjas in a 2016 C-SPAN appearance.
• Sen. Jeff Sessions in 2008 comments on the Senate floor.
• Candidate Trump in 2015 campaign speech.
• Charlton Heston in "Planet of the Apes".

The Center for Immigration Studies has released a new episode of its weekly podcast analyzing the Trump administration’s use of travel restrictions and visa limitations affecting dozens of countries.

In the episode, Jessica Vaughan, CIS’s Director of Policy Studies, explains that the administration has implemented a series of “more expansive and more targeted” travel restrictions than seen in his first administration – affecting 75 countries through a combination of full bans, partial restrictions, and category-specific limitations.

“These policies are not one-size-fits-all,” Vaughan notes. “They are tailored to specific concerns, including national security risks, weak identity verification systems, and high visa overstay rates, some exceeding 50 percent in certain categories. The restrictions are subject to periodic review.”

Additionally, the podcast examines a January 2026 State Department pause on immigrant visa issuance for certain countries under public charge considerations, affecting nations with high rates of welfare use among immigrants.

Vaughan’s discussion with CIS Executive Director and podcast host Mark Krikorian covers how Congress has granted the president authority to restrict entry in the national interest, forming the legal basis for these measures. Currently, restrictions vary widely:

• Some countries face full entry bans;
• Others are subject to partial limits, such as restrictions on student or tourist visas;
• Waivers are available for compelling cases.

Vaughan emphasizes that these policies coincide with a broader effort to strengthen vetting processes at U.S. Citizenship and Immigration Services and the State Department. This includes expanded fraud detection, a new National Vetting Center, and more special agents being hired.

The policies are already reducing entries and agency workload, but their full impact remains unclear, as the administration has not yet released detailed data.

In his closing commentary, Krikorian discusses two blog posts this week on assimilation in Miami, by Resident Scholar Jason Richwine. The experience of Miami shows that assimilation into the mainstream is not inevitable and automatic, and that large-scale admissions can make receiving communities unrecognizable. Keeping immigration low and slow is the key to successful assimilation.

Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies.

Guest

Jessica Vaughan is the Director of Policy Studies at the Center for Immigration Studies.

Links

Public Charge Pause

Exec Order on travel bans

Miami: A Failure of the Assimilation Model

More on Miami as a Failure of Assimilation

Intro Montage

Voices in the opening montage:

• Sen. Barack Obama at a 2005 press conference.
• Sen. John McCain in a 2010 election ad.
• President Lyndon Johnson, upon signing the 1965 Immigration Act.
• Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
• Laraine Newman as a "Conehead" on SNL in 1977.
• Hillary Clinton in a 2003 radio interview.
• Cesar Chavez in a 1974 interview.
• House Speaker Nancy Pelosi speaking to reporters in 2019.
• Prof. George Borjas in a 2016 C-SPAN appearance.
• Sen. Jeff Sessions in 2008 comments on the Senate floor.
• Candidate Trump in 2015 campaign speech.
• Charlton Heston in "Planet of the Apes".

At a recent Immigration Newsmaker hosted by the Center for Immigration Studies, Andrew Veprek, Assistant Secretary of State for the Bureau of Population, Refugees, and Migration (PRM), described a complete reorientation of the bureau, shifting it from a humanitarian assistance agency toward implementing U.S. enforcement and return priorities. The discussion offered a look at how immigration policy is increasingly being implemented through diplomacy as well as enforcement.

In a discussion moderated by Mark Krikorian, Veprek said PRM is now organized around three basic functions:

Remigration and Returns. Veprek outlined the work of PRM’s Office of Remigration, including securing cooperation from foreign governments to facilitate the repatriation of nationals ordered removed, arranging third-country transfers when return to home countries is not possible, and supporting voluntary return efforts through Project Homecoming.

International Migration and Refugee System Reform. Veprek discussed reforms to the global refugee and asylum system, and U.S. reassessment of international migration frameworks, including reduced reliance on multilateral institutions and changes in relations with United Nations High Commissioner for Refugees.

Refugee Processing. He also detailed changes to refugee admissions, including the South Africa resettlement program, the transfer of refugee resettlement responsibilities from the State Department to HHS, increased fraud scrutiny, and the removal of UNHCR from its prior referral role in U.S. refugee admissions.

Among the notable points raised during the discussion:

• Greater foreign cooperation from “recalcitrant” countries on accepting deportees;
• Use of third-country removal arrangements;
• Consideration of refugee protection as temporary rather than presumptively permanent;
• Potential increases to the refugee admissions ceiling;
• A more selective approach to international organizations based on U.S. interests.

Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies.

Guest

Andrew Veprek is the Assistant Secretary of State for the Bureau of Population, Refugees, and Migration (PRM).

Links

Transcript: Immigration Newsmaker with Andrew VeprekV

ideo: Immigration Newsmaker with Andrew Veprek

Intro Montage

Voices in the opening montage:

• Sen. Barack Obama at a 2005 press conference.
• Sen. John McCain in a 2010 election ad.
• President Lyndon Johnson, upon signing the 1965 Immigration Act.
• Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
• Laraine Newman as a "Conehead" on SNL in 1977.
• Hillary Clinton in a 2003 radio interview.
• Cesar Chavez in a 1974 interview.
• House Speaker Nancy Pelosi speaking to reporters in 2019.
• Prof. George Borjas in a 2016 C-SPAN appearance.
• Sen. Jeff Sessions in 2008 comments on the Senate floor.
• Candidate Trump in 2015 campaign speech.
• Charlton Heston in "Planet of the Apes".

Today's Parsing Immigration Policy episode is a rebroadcast of an International Network for Immigration Research (INIR) panel that asked a difficult question: Can democracies actually deport large numbers of people, and what happens if they try? 

Despite years of political focus, large-scale deportation remains extraordinarily difficult to execute in democratic systems governed by courts, rights protections, and bureaucratic limits. This timely panel will explored what is politically popular, what is legally possible, and what is practically achievable.

Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies.

Guests

Viktor Marsai is the Director of the Budapest-based Migration Research Institute.

Matt O’Brien is the Deputy Executive Director, Federation for American Immigration Reform.

Jim Robb is the Vice President of Alliances, NumbersUSA.

Links

Press Release

Panel Video

Panel Transcript

Intro Montage

Voices in the opening montage:

• Sen. Barack Obama at a 2005 press conference.
• Sen. John McCain in a 2010 election ad.
• President Lyndon Johnson, upon signing the 1965 Immigration Act.
• Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
• Laraine Newman as a "Conehead" on SNL in 1977.
• Hillary Clinton in a 2003 radio interview.
• Cesar Chavez in a 1974 interview.
• House Speaker Nancy Pelosi speaking to reporters in 2019.
• Prof. George Borjas in a 2016 C-SPAN appearance.
• Sen. Jeff Sessions in 2008 comments on the Senate floor.
• Candidate Trump in 2015 campaign speech.
• Charlton Heston in "Planet of the Apes".

A new podcast episode features immigration policy expert Rosemary Jenks, Policy Director and co-founder of the Immigration Accountability Project, providing a detailed analysis of the DIGNIDAD Act introduced for the third time in six years by Rep. Maria Salazar (R-Fla.). Jenks characterizes the legislation as a broad amnesty proposal, referring to it as the “SAW Act” - short for “Screw All American Workers,” while also alluding to the 1986 Special Agricultural Worker program associated with widespread fraud.

Key points discussed include:

Scope of Amnesty

• Direct pathway to citizenship for an estimated 2.5 million “Dreamers,” extending beyond current DACA recipients
• Renewable temporary visas for individuals who entered before 2021, with weak documentation requirements that will invite fraud; these visas are indefinitely renewable, effectively allowing recipients to remain in the U.S. permanently.
• A “rolling amnesty” mechanism tied to family-based immigration, including marriage to U.S. citizens 

Enforcement and Legal Concerns

• A two-year deportation moratorium, allowing individuals, including those currently in detention, to avoid deportation and apply
• Restrictions on using applicant information for enforcement, shielding employers who hired illegal alien workers
• Concerns about increased incentives for fraud, including marriage fraud

System Capacity and Security

• Skepticism about USCIS being able to manage a minimum of 10 million applications, numbers that will grow substantially if fraud is widespread
• Strict timelines with rapid processing within a two-year window, raising concerns that vetting standards, particularly national security screening, would be among the first elements weakened under pressure, echoing issues seen in past programs
• Doubts that application fees would cover the full cost, especially given applicants’ limited financial resources; critics warn this could create openings for third-party financing, including from cartels
• Historical comparisons to the 1986 amnesty program, where rapid processing contributed to massive fraud and lack of vetting

Economic and Labor Market Impact

• Impact on wages and job opportunities for low-, medium-, and high-wage American workers
• Expansion of legal immigration pathways, including:
  • Doubling employment-based green cards
  • Codifying OPT and allowing STEM PhD and medical students to stay permanently in the country
  • Permitting those on the visa waiting list for 10 years to enter regardless of caps

The episode also explores the political outlook for the legislation, including the possibility of a discharge petition in the House, which would allow it to come to the floor despite Speaker Johnson’s wishes.

In his closing commentary, podcast host Mark Krikorian highlights the recent election in Hungary, which resulted in the defeat of Prime Minister Viktor Orbán, widely known for his hardline immigration stance. But his successor, Péter Magyar, is expected to maintain, and perhaps even strengthen, the current strict immigration policies.

Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies.

Guest

Rosemary Jenks is the Policy Director and co-founder of the Immigration Accountability Project

Links

Immigration Accountability Project

The 'Dignity Act'

The Price of Dignity

The DIGNIDAD (Dignity) Act as ‘Rage Bait’ for Those Who Want More Enforcement

Intro Montage

Voices in the opening montage:

• Sen. Barack Obama at a 2005 press conference.
• Sen. John McCain in a 2010 election ad.
• President Lyndon Johnson, upon signing the 1965 Immigration Act.
• Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
• Laraine Newman as a "Conehead" on SNL in 1977.
• Hillary Clinton in a 2003 radio interview.
• Cesar Chavez in a 1974 interview.
• House Speaker Nancy Pelosi speaking to reporters in 2019.
• Prof. George Borjas in a 2016 C-SPAN appearance.
• Sen. Jeff Sessions in 2008 comments on the Senate floor.
• Candidate Trump in 2015 campaign speech.
• Charlton Heston in "Planet of the Apes".

The Center for Immigration Studies has released a new episode of its podcast featuring CIS experts Andrew “Art” Arthur and George Fishman, who reflect on their time working together on Capitol Hill, including their firsthand experiences on September 11, 2001, and the major immigration legislation that followed.

The episode offers a behind-the-scenes look at how immigration laws are made. Arthur and Fishman recount the immediate aftermath of 9/11 as staffers on House Judiciary Committee and their roles in drafting legislation that helped reshape U.S. immigration enforcement, including efforts that contributed to the Homeland Security Act of 2002 and the breakup of INS into enforcement and service components within the new Department of Homeland Security.

The discussion also explores contentious debates over criminal penalties, interior enforcement, and proposals that sparked nationwide protests in the mid-2000s. From the USA PATRIOT Act to the REAL ID Act of 2005, the episode highlights how national security concerns reshaped immigration policy and how some key recommendations, such as the creation of a biometric entry-exit system, remain unfulfilled decades later.

Podcast host and CIS executive director Mark Krikorian also reminds listeners of today’s International Network for Immigration Research (INIR) event (streamed live at noon ET) hosted by the Center. Panelists from CIS, NumbersUSA, FAIR, and the Budapest-based Migration Research Institute examine whether modern democracies can carry out large-scale deportations.

Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies.

Guests

Andrew Arthur is the Resident Fellow of Law and Policy at the Center for Immigration Studies.

George Fishman is a Senior Legal Fellow at the Center for Immigration Studies.

Intro Montage

Voices in the opening montage:

• Sen. Barack Obama at a 2005 press conference.
• Sen. John McCain in a 2010 election ad.
• President Lyndon Johnson, upon signing the 1965 Immigration Act.
• Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
• Laraine Newman as a "Conehead" on SNL in 1977.
• Hillary Clinton in a 2003 radio interview.
• Cesar Chavez in a 1974 interview.
• House Speaker Nancy Pelosi speaking to reporters in 2019.
• Prof. George Borjas in a 2016 C-SPAN appearance.
• Sen. Jeff Sessions in 2008 comments on the Senate floor.
• Candidate Trump in 2015 campaign speech.
• Charlton Heston in "Planet of the Apes".

The latest episode of the Center for Immigration Studies Podcast highlights the 13th Annual Border Tour. For the first time, the tour shifted away from land borders, bringing participants to South Florida to examine America’s maritime boundaries and the unique challenges they present.

Hosted with assistance from Anthony Coker, Gov. Ron DeSantis’s “immigration czar”, the tour offered an in-depth look at Florida’s highly coordinated, “all-of-government” approach to immigration enforcement. Participants observed firsthand the seamless collaboration between federal and state agencies operating under 287(g) authority, which allows state and local officers to carry out certain federal immigration functions.

The tour began with a roundtable of federal and state partners, underscoring the strength of these relationships. Attendees later joined the Florida Highway Patrol on a ride-along, witnessing real-time coordination with ICE, including routine traffic stops that included high-speed pursuits and arrests of illegal aliens, one of whom was a convicted murderer.

Participants also joined Florida Fish and Wildlife officers and State Guard units on the water, where maritime enforcement operations are supported by radar systems capable of monitoring activity as far as the Bahamas.

A visit to the state-run detention facility known as “Alligator Alcatraz” highlighted both operational capacity and humanitarian standards, including comprehensive medical care for detainees.

The tour concluded with visits to an immigration court and a naturalization ceremony, where Mark Krikorian delivered the keynote address, offering a powerful reminder of the legal immigration process and the meaning of American citizenship.

Florida’s model demonstrates how strong leadership and interagency cooperation can deliver effective, large-scale immigration enforcement.

Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies.

Guests

Marguerite Telford is the Director of Communications at the Center for Immigration Studies.

John Wahala is the Assistant Director at the Center for Immigration Studies.

Related

Inside Florida’s Alligator Alcatraz Detention Center

Gov. Ron DeSantis on Florida’s Gold Standard Immigration Enforcement Model

Intro Montage

Voices in the opening montage:

• Sen. Barack Obama at a 2005 press conference.
• Sen. John McCain in a 2010 election ad.
• President Lyndon Johnson, upon signing the 1965 Immigration Act.
• Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
• Laraine Newman as a "Conehead" on SNL in 1977.
• Hillary Clinton in a 2003 radio interview.
• Cesar Chavez in a 1974 interview.
• House Speaker Nancy Pelosi speaking to reporters in 2019.
• Prof. George Borjas in a 2016 C-SPAN appearance.
• Sen. Jeff Sessions in 2008 comments on the Senate floor.
• Candidate Trump in 2015 campaign speech.
• Charlton Heston in "Planet of the Apes".

As the U.S. Supreme Court prepares to hear one of the most significant immigration cases in decades, a new podcast from the Center for Immigration Studies explores who is entitled to American citizenship at birth and which branch of government has the authority to define it.

On April 1, the Court will hear Trump v. Barbara, a case challenging Executive Order 14160, which seeks to deny automatic citizenship to children born in the U.S. to parents who are in the country illegally or temporarily.

In this episode, Hans von Spakovsky, Legal Fellow at Advancing American Freedom, and Andrew Arthur, the Center’s Fellow in Law and Policy, examine the central constitutional question: what does the phrase “subject to the jurisdiction thereof” in the Fourteenth Amendment to the United States Constitution actually mean?

They argue that the framers intended citizenship to depend on political allegiance, not simply place of birth, pointing to early interpretations and contrasting them with the broader reading adopted in the late nineteenth century in United States v. Wong Kim Ark.

The Court could affirm current interpretation of doctrine, defer to executive interpretation, or return the issue to Congress.“

This will be one of the most consequential decisions in years,” von Spakovsky notes.

In the closing commentary, Mark Krikorian, executive director and podcast host, highlights a separate upcoming Supreme Court case involving Temporary Protected Status (TPS), where the statute states clearly that there is no judicial review of TPS designations. What are the limits to judicial review and will the judiciary allow the executive to carry out immigration law as written by Congress?

Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies.

Guests

Hans von Spakovsky is a Legal Fellow at Advancing American Freedom. 

Andrew Arthur is a Fellow in Law and Policy at the Center for Immigration Studies.

Related

Birthright Citizenship: A Fundamental Misunderstanding of the 14th Amendment

The Best Aspects of the ‘Birthright Citizenship’ Debate

Births to Illegal Immigrants and Long-Term Temporary Visitors

The Supreme Court Takes Up a Vital, Slam-Dunk Immigration Case [TPS]

Intro Montage

Voices in the opening montage:

• Sen. Barack Obama at a 2005 press conference.
• Sen. John McCain in a 2010 election ad.
• President Lyndon Johnson, upon signing the 1965 Immigration Act.
• Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
• Laraine Newman as a "Conehead" on SNL in 1977.
• Hillary Clinton in a 2003 radio interview.
• Cesar Chavez in a 1974 interview.
• House Speaker Nancy Pelosi speaking to reporters in 2019.
• Prof. George Borjas in a 2016 C-SPAN appearance.
• Sen. Jeff Sessions in 2008 comments on the Senate floor.
• Candidate Trump in 2015 campaign speech.
• Charlton Heston in "Planet of the Apes".