Ohio Sen. Moreno Revives Bill to End Birthright Citizenship, Citing Harry Reid Precedent

Sen. Bernie Moreno, R-Ohio, introduced legislation this week to eliminate birthright citizenship, directly invoking a similar effort by the late Democratic Senate leader Harry Reid. The move follows last month's Supreme Court decision in Trump v. Barbara, which upheld birthright citizenship and struck down an executive order by President Donald Trump seeking to end the practice.

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The bill puts renewed focus on the longstanding debate over the 14th Amendment’s citizenship clause, testing whether Congress will act where the executive branch has failed and challenging Democrats to respond to a proposal once championed by a party icon.

Moreno’s Harry Reid Immigration Stabilization Act mirrors Reid’s 1993 bill and would bar children of people in the country illegally from automatic citizenship, cap refugee admissions, overhaul the asylum system, and expedite deportations. The legislation also makes it a federal crime for non-citizens to vote in any federal, state, or local election, and institutes new penalties for illegal reentry and alien smuggling, according to a press release from Moreno's office.

Moreno’s Legislative Push

Moreno previewed the bill immediately after the Supreme Court’s ruling and formally introduced it on Wednesday. He framed the measure as a test for current Democrats, stating, “Let’s see how today’s DC Democrats will vote when offered the ideas of the Democrat party that used to love this country and the American people!”

"Democrats of the past like Harry Reid knew birthright citizenship is a gift to foreign adversaries. Today, the party that used to advocate for working Americans has become the anti-American party."

— Bernie Moreno, U.S. Senator

The bill would expand the list of aggravated felonies for immigration enforcement, require local law enforcement to notify federal authorities within 72 hours of felony arrests, and treat alien smuggling as a RICO offense. It also mandates employers use enhanced verification systems for work eligibility and requires states to verify immigration status before issuing benefits.

Citing Harry Reid’s 1993 Effort

Moreno’s proposal closely tracks the 1993 Immigration Stabilization Act introduced by Reid, which at the time sought to address what Reid described as “tremendous burdens” on public programs caused by illegal immigration. Fox News reported that Moreno’s bill is a “mirror image” of Reid’s earlier legislation. Reid, in 1993, warned that illegal immigration was stretching federal resources and enabling access to welfare and other benefits without tax contributions.

Moreno has repeatedly cited Reid’s legacy to challenge current Democrats. "Senate Democrats will have a choice: side with Americans and their longtime leader, or side with foreign adversaries who will exploit this irresponsible ruling to harm our nation," Moreno said.

Legal and Political Hurdles

Ira Mehlman, media director for the Federation for American Immigration Reform, described Moreno’s effort as “a long shot,” noting the bill would need 60 votes in the Senate. Mehlman predicted that if the bill passes, it would likely face a legal challenge, forcing the Supreme Court to revisit the issue of birthright citizenship.

Justice Brett Kavanaugh’s concurrence in Trump v. Barbara suggested Congress, not the president, has the authority to amend birthright citizenship laws. Kavanaugh wrote, “Congress could—consistent with the Fourteenth Amendment—amend §1401(a) or otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country.”

Mehlman argued that congressional action could “change the dynamics” and that public frustration over illegal immigration could drive support for such reforms. He also pointed to the surge in unauthorized border crossings under President Biden as a factor increasing public demand for change.

Democratic Response and Broader Context

While Moreno invokes Reid’s legacy, current Democratic leaders have celebrated the Supreme Court’s decision in Trump v. Barbara. The suit was brought by several Democratic attorneys general after Trump’s executive order. No Democratic senators have publicly responded to Moreno’s bill as of this week.

The debate over birthright citizenship has intensified amid record border crossings and shifting party positions on immigration. Moreno’s bill, by reviving a Democratic-authored proposal, seeks to force a vote on an issue that has divided both parties for decades.