Author Sandra J. Adams is MCRW's Guest Speaker on February 18th

 

Immigration Reform Law Institute: IRLI Defends President Trump’s Order on Birthright Citizenship

Shows court controlling Supreme Court precedent dooms challenge

WASHINGTON—Today, the Immigration Reform Law Institute (IRLI) filed an important brief in Maryland federal district court in a case on birthright citizenship.  Plaintiffs, a group of organizations with illegal alien members, claim that President Trump's executive order restricting birthright citizenship is unconstitutional, and that children of illegal aliens are guaranteed citizenship in the Fourteenth Amendment.   The Citizenship Clause of the Fourteenth Amendment provides that persons born in the United States while "subject to the jurisdiction" of the United States are citizens. The question then becomes whether illegal aliens—and others present in the United States, such as tourists—are subject to the jurisdiction of the United States.   To answer that question, IRLI analyzes a controlling Supreme Court case, United States v. Wong Kim Ark, decided in 1898. Wong Kim Ark was born in San Francisco to Chinese parents legally residing there. He later returned with his parents to China. Denied readmittance, Wong Kim Ark argued before the Supreme Court that the Fourteenth Amendment made him a citizen of the United States at his birth.   The Supreme Court agreed, holding that, because—and only because—his parents were legally residing in the United States when he was born here, he was a citizen at birth under the Fourteenth Amendment. The holding of this case is widely misread as conferring citizenship at birth under the Fourteenth Amendment on all persons whatsoever born in the United States (with the narrow exceptions of children of diplomats, members of an invading force, or Indians born in the allegiance of a tribe). IRLI shows in its brief that this reading is wrong; the Court clearly excluded the children of illegal aliens and non-U.S. residents from constitutional birthright citizenship:   Chinese persons, born out of the United States, remaining subjects of the Emperor of China, and not having become citizens of the United States, are entitled to the protection of and owe allegiance to the United States, so long as they are permitted by the United States to reside here; and are "subject to the jurisdiction thereof."   In other words, the Supreme Court has clearly held that, to be a citizen at birth under the Fourteenth Amendment, one must be born in the United States to a parent who, at the time, resided with permission in the United States. This rule happens to exclude the children of both illegal aliens (who do not have permission to be in the country) and tourists (who do not "reside" here) from constitutional birthright citizenship.   Thus, the plaintiffs' claim that President Trump's order is unconstitutional on its face—that is, would have no valid application in any situation—is wrong: the order correctly denies birthright citizenship to all children of illegal aliens, tourists, and others who do not reside with permission in the United States.   "Amazingly, the broad but reasonable holding of Wong Kim Ark­—excluding the children of non-residents and illegal aliens from citizenship at birth under the Constitution—has been ignored or misstated for 127 years," said Dale L. Wilcox, executive director and general counsel of IRLI. "Meanwhile, millions, including the children of so-called 'birth tourists,' have been assumed to be citizens even though the Supreme Court has held they are not. In America, neither foreigners with no connection to this country nor those here against the will of the nation should get to decide who shall be American citizens. President Trump's order stops that going forward, and we hope the court recognizes its validity under the Constitution."   The case is Casa, Inc. v. Trump, No. 8:25-cv-00201 (D. Md.).

Zehr for Virginia: Session 2025 Update

The halfway point of the 2025 General Assembly Session is almost here. The activity around Capitol Square has ramped into overdrive as we race toward Crossover, the point at which each chamber can only take up the other chamber's bills. And while I'm disappointed with the overall outcome from our Democratic majority, I am proud of the successes we've had. Like most of my Republican colleagues, several of my bills were not even given a hearing and most that were heard, were dismissed. One of those would have required that ballot drop boxes be monitored by video. I pointed out to the Democrat-controlled committee hearing the bill, that since moving to 45 days of voting, there is a lot of room for mischief and having the boxes monitored by video would boost confidence. If we're going to the expense of a 45-day voting season, let's at least put video monitoring in place to make the drop boxes more secure.  Another of my bills, which wasn't even docketed, calls for a 20-year statute of limitations for victims of sex-disguising ("trans-gender") procedures to sue their medical provider. The ethics of having children make decisions that could permanently alter their physical constitution is questionable at best and those who manipulate vulnerable children in this way should be held accountable.  President Trump agrees and has issued an executive order banning the use of Federal funds for "gender-affirming" care for minors. The banned procedures include treatments like puberty blockers, hormone therapy, and surgery. As such, Attorney General Miyares issued the following guidance to UVA and VCU: "Given the plain terms of this Executive Order, the chemical and surgical mutilation of children must end immediately. Any institution that continues to engage in such mutilation unacceptably and unjustifiably endangers not only itself and the Commonwealth, but also the vulnerable children of this Commonwealth."   Both the AG's advice and the President's executive order were given because the evidence shows that the treatment of gender dysphoria in children is not good for them. Puberty blockers are widely recognized as dangerous and even our more leftist friends in Europe are backing away from prescribing these drugs to children. Cross gender hormonal treatment can lead to the permanent sterilization. Children aren't allowed to make lifelong decisions for good reason. We don't allow them to get married, get a tattoo, or enter a binding contract and the decision they make under pressure from adults amounts to permanent damage for a temporary problem. My Democrat colleagues in the House couldn't disagree more and gave a standing ovation to yesterday's speech attached below:

Democrat Speech

In other news, the House Appropriations Committee will report their budget bill to us on Sunday. This bill will make changes to the existing two-year spending plan we approved last year. Governor Youngkin had proposed a significant number of tax cuts to be included, such as $300 in car tax relief for working families, and the end of taxes on tips for those in the service industries. Unfortunately, our Democratic colleagues voted down these common-sense bills that are widely supported by Virginians.   Rest assured, I will continue to fight to put more money back in your pocket as this session continues. Times are hard for everyone, even if our Democratic colleagues don't recognize that fact. Eric Zehr  House District 51  434-515-1189  DelEZehr@house.virginia.gov

Virginia Education Opportunity Alliance: Microschooling 101: Learn what it takes to start your own microschool?

Yorktown, VA – Path of Life Learning, founded by nationally recognized education entrepreneur Mercedes Grant, hosts Microschooling 101, an informational session on the fundamentals of starting a microschool in Virginia. The event is Thursday, February 6, 2025, from 6:00 PM to 8:00 PM at Crooks Memorial UMC, 204 Cook Rd., Yorktown, VA 23690  **Pre-registration is required, and tickets are $10.00.** Microschools are transforming education by offering small, personalized learning environments tailored to the needs of students and families. Join us to gain firsthand insights from an experienced education leader on what it takes to start a microschool in Virginia. Mercedes Grant founded Path of Life Learning, a micro-school that goes beyond the four walls of a typical classroom. With small class sizes and a commitment to individualized learning, Path of Life Learning fosters a Christ-centered approach that helps students use their God-given talents to grow. Mercedes will lead the session. She brings a wealth of experience and national recognition in education reform. From her beginnings as a foster child to becoming an award-winning education leader, Mercedes has been featured in major media outlets and recognized by prestigious organizations for her innovative work. A Few of Mercedes Grant's Accomplishments & Recognitions: ●      KaiPod Catalyst Program – Selected as a member of this prestigious accelerator for education entrepreneurs. (Business Wire) ●      Forbes – Featured for her role in the growing microschooling movement. ●      Foundation for Economic Education (FEE) – Highlighted for her innovative approach to education. ●      State Policy Network (SPN) – Recognized for expanding education options in Virginia. ●      CATO Institute – Featured as a "Friday Feature" for her work with Path of Life Learning. ●      FEE Enterprising Founder Award – Honored for her entrepreneurial leadership in education. ●      Liberated Podcast – Featured in an in-depth interview about her journey and vision for education.

Mercedes Grant, Founder, Path Of Life Learning

Event Details: 📅 Date: Thursday, February 6, 2025  🕕 Time: 6:00 PM – 8:00 PM  📍 Location: Crooks Memorial UMC, 204 Cook Rd., Yorktown, VA 23690   💲 Cost: $10.00 🔗 Pre-registration required: Register Here This event is perfect for parents, educators, and entrepreneurs "edupreneurs" interested in creating flexible, student-centered learning environments. For more information, contact Mercedes Grant at info@pathoflifelearning.com. ### About Path of Life Learning  Path of Life Learning is dedicated to expanding educational opportunities by supporting families and educators in launching microschools that prioritize individualized learning and student success. REGISTER HERE

Steve Haner, Thomas Jefferson Institute:The Jefferson Journal: Senate Democrats Threatening $633 Tax Hike on Millions of Virginians

By Steve Haner

1/30/2025 -- In the past few years, under governors of both parties, Virginia has expanded its standard deduction for income taxpayers from $6,000 for a couple in 2018 to $17,000 today saving those taxpayers $633. When they produce their budget bill on Sunday, the Democrats who hold the majority in the Virginia Senate may try to take back that $633. This would be a major tax hike on millions of Virginians. The Senate Finance and Appropriations Committee on Tuesday deferred action on three Republican bills that would have made that $17,000 standard deduction permanent. It is scheduled to expire at the end of 2025 and all it takes for the General Assembly to capture about $1 billion in new revenue is to do nothing. Nothing is what the Senate Democrats did when those Republican-sponsored bills were considered. They were "passed by for the day." To pass them now "significantly hamstrings our ability to construct a budget," said Senator Creigh Deeds, D-Charlottesville. "We need to look at our entire tax structure," added Senator Mamie Locke, D-Hampton.  "Those who earn more should pay more," she added. Thus, a target was clearly placed on the standard deduction, which could retreat from $17,000 this year to only $6,000 next year for that taxpaying couple if no extension is approved. Another $11,000 of income would be hit with tax and that would cost the taxpayers $632.50, enough to reduce take home pay on paychecks.  An undetermined number of low-income people who now pay no tax would start to do so again. Over in the House of Delegates, the exact opposite move is underway. A bill sponsored by a senior Democrat would not only maintain that higher standard deduction, but would increase it another $1,500 per couple to $18,500, saving another $86.  The House bill has passed one committee unanimously but will also get tangled up in the House's version of the state budget released Sunday. The House bill has another feature that has long been advocated by the Thomas Jefferson Institute for Public Policy. Beginning in 2026, the state standard deduction would begin to increase automatically with inflation, just like what happens with federal deductions and tax brackets and is done in 20 of the 31 states which offer a standard deduction. House Bill 1754 is sponsored by Delegate Vivian Watts, D-Fairfax. Virginia began to increase its standard deduction on the income tax soon after a 2017 federal tax bill greatly expanded the amount of tax-free income under federal law. At the federal level the standard deduction will be $30,000 for 2025.  So there could be $24,000 in income not taxed at the federal level but fully taxed by Virginia. Under the House bill, that gap would be only $11,500.  Virginia law says if you claim the standard deduction at the federal level, you must take it at the state level. About 85% of filed individual returns claim the standard deduction. It is a very egalitarian tax break, with the same value on a return reporting $50,000 income as one reporting $500,000. Taking it away would hit the middle- and lower-income workers the hardest. It is possible the senators maneuvering to slash the standard deduction and spark an income tax increase are just playing what is often called "budget poker." The two legislative bodies often intentionally create issues that must go to negotiation, creating bargaining chips if you will. It is also possible their budget will spend every dollar grabbed by the change, making it harder to retreat and save the standard deduction.  And because it is a tax increase by default, they can claim they never "voted" to increase taxes. The details will emerge on Sunday. The chairwoman of the committee promised a Senate version of tax relief, but in recent years that has been one-time rebates from surplus funds. A one-time rebate cannot replace a standard deduction which is built into the law, applies year after year after year, and allows taxpayers to plan their finances.   The Democrats who control the Assembly on both sides are likely to have plenty of cash to spend in creating their budgets. The Senate also killed Governor Glenn Youngkin's plan to offer rebates to low- and middle-income Virginians paying a local car tax.  Killing that proposal, which was also assumed in the budget, freed up more than $1 billion for spending on other things. Killing Youngkin's proposal to create a deduction for tips added more unencumbered cash for Democrats to spend. Both Youngkin and his predecessor, Democrat Ralph Northam, have signed the series of bills increasing the joint return standard deduction from $6,000 to $17,000 in five years, and a member of Youngkin's staff indicated his openness to Watts' bill increasing it to $18,500. The senators must be playing games. To abandon all that bipartisan progress is unthinkable.

Federation for American Immigration Reform

FAIR: Passage of the Laken Riley Act is Just the First Step in 

Restoring Common Sense to Our Immigration Policies

The following statement was issued by Dan Stein, president of the Federation for American Immigration Reform (FAIR) in response to passage of the Laken Riley Act in the Senate.

(Washington, D.C., January 20, 2025) "Today, the U.S. Senate took the long overdue step of passing the Laken Riley Act. FAIR congratulates Senate Majority Leader John Thune for bringing this bill to the floor of the chamber and putting every member of the Senate on record as supporting or opposing the detention and removal of illegal aliens who commit crimes in this country.

"Passage of the Laken Riley Act is a promising first step in reversing the rampant illegal immigration that the nation has endured over the past four years. There is still much more to be done to secure our borders, alleviate the enormous fiscal burdens being borne by American taxpayers and ensure that no future administration will be able to abuse its authority to subvert our immigration laws.

"In the coming weeks and months, Congress must act swiftly to pass an updated version of H.R. 2, a bill that includes real changes that end catch-and-release, reform our asylum system, stop parole abuse, and prevent future administrations from ignoring their duties to enforce our immigration laws. Congress must also use the reconciliation process to fully fund construction of the border wall and provide the manpower and other resources needed to detain and remove illegal aliens from our country.

"Today's Senate vote is a small measure of comfort to Laken Riley's family and the families of countless others who have been victimized by illegal aliens who were allowed to roam freely in our country. But it is just the start of a long list of reforms that are needed to ensure that our immigration system serves and protects the security and interests of the American people." 

Federation for American Immigration Reform

FAIR Congratulates Donald Trump on Being Sworn In as Our 47th President 

Carrying Out His Mandate to End Illegal Immigration and Reforming Our 

Immigration Policies Begins Today 

The following statement was issued by Dan Stein, president of the Federation for American Immigration Reform (FAIR), on the Inauguration of President Donald Trump and Vice President JD Vance:

(Washington, D.C., January 20, 2025) "Open borders and unprecedented illegal immigration is a key reason why American voters returned President Trump to the White House and handed control of both chambers of Congress to Republicans. The president and the Republican-led Congress have a clear mandate to restore control of our borders, begin removing illegal aliens from our country and erect guard rails to prevent any future administration from running roughshod over our immigration laws the way the Biden-Harris administration did.

"There is no time to waste. Realistically, much of that work must be accomplished in the next six months. The Trump-Vance administration should take immediate steps to restart construction of the border wall and to reestablish effective policies that discourage illegal immigration, such as ending mass catch-and-release policies and reinstating Remain in Mexico, which proved effective in deterring illegal immigration during Mr. Trump's first term.

"Halting continued large-scale immigration is only the first step. As he takes office today, President Trump has broad public support for his promise to remove millions of illegal aliens in this country, beginning with criminals, people who have been issued final orders of removal and the millions more who entered our country during the previous administration.

"We also call upon the Trump-Vance administration to terminate the illegal parole programs put in place by its predecessor, halt the abuse of our asylum process and reform legal settlements that have encouraged the arrival of unaccompanied children and even facilitated human trafficking. 

"Some of these goals can be accomplished through the upcoming reconciliation process. Other changes, such as enacting a comprehensive border security bill like H.R. 2, that was passed by the House in 2023 but blocked in the Democratic-controlled Senate, are also within reach with support of the president and swift action from Speaker Mike Johnson and Senate Majority Leader John Thune.

"FAIR looks forward to working with the new administration and congressional leaders to carry out the broad mandate the voters handed them in November. That work begins today." 

Thomas D. Klingenstein

Trump Must Learn the Lessons of Past Mistakes on the Border By Garrett J. Snedeker A recent dust-up within the Trump coalition over America's H-1B visa policy brought a pressing question to the fore: How will the president-elect move forward on the issue that delivered the election, when his own administration seems divided on the details? Some of his most prominent supporters in the tech industry, which imports a great deal of cheap foreign labor under the H-1B program, have sought to downplay divisions. Incoming White House AI czar David Sacks claimed on X that vocal disagreement between the camps obscures the quiet 95% of agreement on immigration policy. Even after initially offering vocal support for H-1B visas, Elon Musk has charged that the program in its current form is "broken" and endorsed reforms to raise the minimum salary levels covered by the policy, thus reducing the visas' use to undercut American wages. Tensions have cooled since then, but a lingering distrust between the camps has only added to concerns over how this unusually diverse coalition will make the transition from winning an election to governing effectively. We have been through this before. In early 2017, all eyes fixed on what the Trump 45 administration's first moves would be on immigration. Those who hope Trump 47 succeeds would do well to recall how, the first time around, early moves undermined the administration's broader effort to secure the border.

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Virginia Education Opportunity Alliance: Rally to Support Education Freedom - January 21, 9 AM

Thomas D. Klingenstein: MAGA’s Best Leaders Will Be Unexpected

By Parker Briden Ever since news of President-elect Trump's more unorthodox appointments was leaked, debates have raged over whether his nominees are "qualified" for the roles for which they've been selected. When President Trump chose Pete Hegseth to serve as Secretary of Defense, protests immediately began that he is nothing more than a "Fox News Host" who should be dismissed as unserious. Matt Gaetz had to forego his nomination for Attorney General not just because of his controversial past but because he lacks experience directly practicing law. When it comes to Tulsi Gabbard, RFK Jr., Kash Patel, and the rest, our august senators will surely provide their judicious advice and consent—setting aside all personal grievances and factional concerns. (I know, I know…but c'mon, give them a chance.) The whole debate, though, rests on faulty premises. Before asking whether Trump's picks are "serious" or "qualified," we should consider that our governing class may have a warped view of what counts as "qualified" and what "serious" means...

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The Family Foundation: These Students Need YOUR VOICE at the State Capitol!

Will you join us at the State Capitol on January 21st to speak up for putting kids first--not adult agendas--and make our children top priority in our Virginia schools?  We need as many of your voices as possible to stand behind kids and parents asking legislators for education freedom to access classrooms and academic resources where they can thrive and their families' values be respected.

Join the rally on January 21st!

In Virginia, we are still seeing the devastating effects of kids being more than a year behind academically after being trapped without options when schools shut down for COVID. Academic testing continues to show devastating learning loss in reading and math. Plus, too many schools are still sacrificing kids to adult agendas focused on protecting political DEI-propaganda and over bloated bureaucracy, rather than funding actual classroom needs and children's quality education. How long will children have to wait before adults give them the freedom to thrive at a school that meets their needs?

Virginia needs to stop keeping kids trapped in low-performing schools for the sake of protecting adult agendas. The bottom line is our kids deserve better – no child should be relegated to failure because of the zip code they live in. Will you help us stand for educational freedom for all families?

Register for Kids Deserve More Day on January 21st!

Join us for Kids Deserve More Day--kicking off with a rally--Tuesday, January 21 from 9am at the Virginia State Capitol. After the rally, we will speak together to legislators to:

Create more education freedom through education savings accounts and expanded tax credit for families—which give families the freedom to direct education funds in a way that will help their individual child thrive and/or allow them to access supplemental tutoring or home-schooling resources. Prevent thousands of underprivileged kids from being yanked out of schools where they are currently thriving—because of efforts to cut or end Virginia's only opportunity scholarship program.

Derrick Max: Your January 5, 2025 First Sunday Summary of the Year: Speaker Johnson, New Laws, Car Inspections and Car Taxes, Flag over Korea, Gambling, Energy, Governor's race...and more. Enjoy!

"Almighty God, Who has given us this good land for our heritage; We humbly beseech Thee that we may always prove ourselves a people mindful of Thy favor and glad to do Thy will. Bless our land with honorable ministry, sound learning, and pure manners. Save us from violence, discord, and confusion, from pride and arrogance, and from every evil way. Defend our liberties, and fashion into one united people the multitude brought hither out of many kindreds and tongues. Endow with Thy spirit of wisdom those to whom in Thy Name we entrust the authority of government, that there may be justice and peace at home, and that through obedience to Thy law, we may show forth Thy praise among the nations of the earth. In time of prosperity fill our hearts with thankfulness, and in the day of trouble, suffer not our trust in Thee to fail; all of which we ask through Jesus Christ our Lord, Amen." Prayer Speaker Johnson appears to have wrongly attributed to Thomas Jefferson -- but still a worthy prayer for our country!

Click Here to be the first donor of 2025!

Dear Friend of TJI, 1.) After a brief revolt, Speaker Mike Johnson was re-elected to Speaker of the House. While there has been some controversy as to the attribution of a prayer he linked to Thomas Jefferson, Speaker Johnson's acceptance speech was a primer on "America First" Republicanism. It was a powerful and well reasoned vision for America -- well worth a watch on the link at the end of this Sunday Summary.  2.) A lot of new Virginia laws came into effect on January 1, 2025 -- from a 41 cent increase in the minimum wage, to a doubling of mandated car insurance crash coverage levels, to higher pay for court appointed counsel. The full list is nicely summarized in Fairfax Now. Overall, a long list of government intrusion and mandates. We can do better. 3.) The state of Texas joined the long list of states doing away with their annual auto safety inspections. As the GAO has reported, these inspections do not improve safety. Virginia should join the 36 states that do not require these costly and time consuming inspections as our Joshua Devamithran recently urged. 4.) Georgia and Rhode Island repealed their car taxes. Governor Youngkin has a plan to provide car tax relief to low income workers. We have written that car taxes are an inefficient way to collect revenue and they hurt the poor the most. While we support the Governor's amendment, we wish it went further! 5.) The flag of the Commonwealth of Virginia flew over the city of Gwangju, South Korea in opposition to President Yoon Suk Yeol and in support of his arrest on insurrection and power abuse charges. According to Gwangju Mayor Kang Ki-Jung, the Virginia motto "Sic semper tyrannis" (thus always to tyrants) on the flag made it a timely gift from the Governor of Virginia. 6.) Gambling news: Virginian's spent a record $761 million on sports betting in November. Over 100 national security leaders, including defense and intel officials have warned that a casino in Northern Virginia posed an "unacceptable health and national security hazard."   7.) Race for Virginia Governor continues to heat up as former Representative Denver Riggleman, who endorsed Rep. Abigail Spanberger for Congress two years ago, is mulling a run as an independent (he is also mulling running for Lt. Governor instead). Also, Representative Bobby Scott continues to mull a primary challenge to Representative Spanberger. This could be an exciting year for elections if you are a political junkie like me!   8.) In an odd commentary in the Richmond Times Dispatch, Lauren Grob praises Governor Youngkin's new public school accountability framework, but then attacks it for being a hidden plan to undermine public schools. So, she likes the accountability, but worries that the accountability will undermine schools? Sounds like this self described "liberal who works in education policy" -- knows that the light of true accountability will be an eye opener for most parents. As our Chris Braunlich wrote, we need to shine a light on our public school performance -- as the gap in performance of our low-income and African-American students is unacceptable. Hiding this gap is not the answer! 9.) Schools are preparing to implement Gov. Youngkin's cell phone ban, although safety continues to be a key parental worry according to a story in Cardinal News. As a former Principal who implemented a no cell phone policy in my school, I know first hand that cell phones harm school culture, are used for bullying, porn, and cheating and can actually reduce safety. That being said, I wish parents had a choice in the school they send their children to -- until then, we support common sense policies that improve learning and school culture.  10.) While drone sightings are in the news, Virginia had its own drone story as a Chinese student's drone got stuck in a tree near Newport News shipbuilding. An FBI investigation found photos of classified military equipment and the student was sentenced to six months in prison. How have we let President Biden continue to be asleep while China is clearly spying over sensitive installations?   11.) Virginia Democrats in Richmond continue to push the concept of creating an entity to override local opposition to large scale solar farms. This takes green extremism to a new level -- overriding local zoning and regulations would be a massive increase in state power. The Virginia Clean Economy Acts requirement to entirely eliminate carbon based energy is not currently possible, as noted by our Steve Haner.   12.) Power generation and data centers continue to dominate the work of the State Corporation Commission after the release of a troubling report by the Joint Legislative Audit and Review Commission showing that energy demand is quickly outpacing supply. The impact and legacy of Governor Youngkin's "all of the above" energy strategy may well rest on the development of small modular reactors or the implementation of the recently announced first commercial nuclear fusion plant. Our Steve Haner has rightly noted that the real answer lies in the approval of more natural gas generation. 13.) Virginia Business ran a great article on what to expect in the upcoming General Assembly. As we have noted, energy and gambling will be key issues debated, along with housing and some constitutional amendments on abortion and other social issues.  14.) Of course, the special elections scheduled for this week will impact control and direction of the General Assembly. Will Republican momentum shift control of two key seats, or will the blue Democratic wall in Virginia hold firm? Either way, if you live in the 32nd or 10th Senate Districts, or the 26th House District, be sure to vote!

In Freedom,