The Supreme Court rejected President Trump’s birthright citizenship executive order in a 6-3 decision, but Ohio Senator Bernie Moreno is pressing Congress to act now to close what he and many conservatives see as a glaring loophole in the 14th Amendment that is being exploited by foreign nationals and enabling open-border policies.

The Court’s 6-3 ruling against the executive order landed as a setback for the administration’s approach to immigration. Still, conservatives point out that getting the issue before the justices and winning three votes represents progress in a long legal fight. Political victories often come in stages, and the Dobbs decision reminds us that sustained effort can flip longstanding assumptions.

Now the spotlight turns to lawmakers, and Senator Bernie Moreno has been explicit in his demand that Congress “act now” to fix the problem legislatively. That call pushes responsibility from the judicial branch back to elected representatives who can craft durable, democratic solutions. Lawmakers can write narrow language to end automatic citizenship for children of noncitizens without upending the broader constitutional framework.

Moreno’s push is not new; he has campaigned on ending birthright citizenship for years and building a legislative path forward. His argument is that an amendment intended to guarantee citizenship to those born to citizens or permanent residents was not designed to invite exploitation. Reformers want a statute that matches modern border realities and prevents foreign actors from gaming the system.

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One of the concrete concerns driving urgency is the documented practice of foreign nationals traveling to the United States to give birth so their children automatically gain U.S. citizenship. Reports point to pregnant visitors who secure citizenship for newborns and then return to their home countries, a pattern critics say was never the 14th Amendment’s purpose. The result is a legal mismatch: outdated text confronted with a globalized world that lawmakers did not foresee.

From a conservative perspective, leaving this loophole unaddressed hands an advantage to those who favor open borders and mass migration policies. Democrats, critics warn, have incentives to preserve expansive birthright rules because they can translate into long-term political gains. That reality makes bipartisan reform tough, but also urgent if confidence in immigration policy is to be restored.

Any legislative fix will need careful drafting to avoid unintended consequences for citizens and lawful residents. Conservatives argue the solution should target children of noncitizens who lack lawful status, while respecting traditional paths to naturalization and the rights of citizens. Clear, enforceable language can prevent creative legal circumvention while preserving due process for those seeking legitimate status.

Practically speaking, Congress has tools: statute, oversight, and budgetary pressure on immigration agencies. Republicans see an opportunity to couple changes to birthright rules with stronger border security measures and clearer enforcement priorities. That mix, supporters say, would reduce incentives for abuse and restore control to the elected branch rather than leave every major question to the courts.

The political fight will be messy, and opponents will claim reforms are punitive or racially motivated, so advocates must make a sober case rooted in fairness and national interest. Republicans can frame the effort around sovereignty, rule of law, and protecting the integrity of citizenship itself. If Congress acts, the result would be a democratic response to a modern problem rather than a permanent judicial imposition.

There is no instant fix; durable policy takes time and political capital. Still, Senator Moreno’s demand that Congress “act now” reflects a broader conservative impatience with piecemeal responses that leave exploitation unchecked. The argument on the right is simple: if the courts will not rewrite the policy, the people’s representatives must step up and craft a law that serves the nation’s long-term interests.

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