The Phyllis Schlafly Report
By John and Andy Schlafly
As both political parties
scramble for votes ahead of the upcoming midterm elections, even
racing to do some last-minute redistricting, someone in the Trump
Administration just committed an unforced error that could cost the
GOP crucial men’s votes. On May 7, a “spokesperson” announced
that the U.S. State Department would begin to revoke the passports of
thousands of American citizens subject to child support orders from a
family court.
Anyone whose passport is
revoked while traveling abroad becomes unable to travel through
international airports. The passport is the only official document
proving that someone is an American citizen, and a birth certificate
alone does not prove citizenship as demonstrated by the ongoing
debate over birthright citizenship.
Soldiers and sailors,
thousands of whom have child support obligations, could be hard hit
by this new policy. While they can travel on official duty with a
military ID, their dependents cannot, and thus our servicemembers
need active passports to travel with their families.
In 1996, Congress inserted
into the massive welfare reform bill a politically correct provision
authorizing revocation of passports based on unpaid child support
obligations, but administrations of both parties have wisely chosen
not to enforce that law because it inflicts far more
harm than good.
The State Department said it
would initially revoke passports
of men
whose unpaid child support exceeds $100,000, which is impossible
for most
to pay, but subsequent revocations could be triggered by a debt of
only $2,500. To restore their passports, the debts would have to be
paid in full, and attorneys would be needed to clear the judgments in
both the state and federal systems, a process that could take many
weeks to accomplish.
In the meantime, the American
men could be stranded abroad and subject to arrest by a hostile
foreign government as unlawful residents. While much-needed
deportations of illegal aliens appear to have dried up in the U.S.,
the State Department’s new policy could turn law-abiding Americans
into criminals in foreign countries.
When an American citizen is
accused of a crime in a foreign country, even murder, he can show his
passport to the American embassy there and obtain support. Even if
convicted, neither his American citizenship nor his passport is
revoked, and a child support judgment is merely a financial
obligation, and not a crime that justifies revoking American
citizenship.
Men are the key demographic
that Republicans need to attract to have a chance in the upcoming
midterm elections, which makes the unexpected announcement of this
new policy particularly senseless. It sounds like something Kamala
Harris would have done if she were elected president, to pander to
her feminist base.
Over 20 years ago the Bush
Administration abruptly revoked the passport of the famed chess
champion Bobby Fischer for having played a chess match in Yugoslavia,
which violated a federal law that had never been enforced like that
against anyone else. Fischer was then stranded with an invalid
passport at Japan’s Narita airport as he tried to travel to the
Philippines, and was detained for 9 months by Japanese immigration
authorities.
As an
American celebrity, Bobby Fischer was ultimately granted asylum in
Iceland, where he had won the world chess championship against Boris
Spassky in 1972. But no country is likely to grant asylum to many
thousands of American men soon to be affected by this new passport
policy.
Despite its misleading name,
child
support orders
are not based on the actual needs
of any child,
do not have to be spent on a child, and often go to
a welfare agency
rather than the mom. The more that the father is denied custody and
visitation, the higher his child support obligation is, and it can
include above-market interest rates and attorney’s fees,
non-dischargeable in bankruptcy.
States already have the means
to try to enforce child support orders, such as imprisonment
or denying occupational licenses or gun permits, but often decline to
use such draconian tools because the father simply does not have the
money. Moreover, unpaid child support obligations can result from
denying the father visitation rights for his own children.
Roughly 70% of divorces are
initiated
by women,
and among college-educated women the percentage is as high as 90%.
Large child support obligations result from raising children in a
fatherless home.
Revoking passports puts
American citizens at risk of harm abroad. Without a passport enabling
them to travel, these Americans can then be held and used as
bargaining chips for a prisoner swap, as Russia did when it
imprisoned a woman basketball player for alleged drug possession.
President Trump’s stated
policy is to defend American citizens who are overseas. Putting
American citizens at risk of being arrested in foreign countries, and
held in foreign prisons, due to an arbitrary revocation of their
passports is inconsistent with the goals of MAGA.
John and Andy Schlafly are sons of Phyllis Schlafly (1924-2016) and lead the continuing Phyllis Schlafly Eagles organizations with writing and policy work.
These columns are also posted on PhyllisSchlafly.com, pseagles.com, and Townhall.com.