50% of illegal immigrants overstay visas
About 50% of all illegal immigrants in the US did not cross the southern border but entered on temporary visas and overstayed their authorized period.
Snapshot · The Ben Shapiro Show
Ep. 2457 - WHAT COMES NEXT After Awful SCOTUS Ruling?
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Jul 1, 2026
Where this was said
What Can Actually Be Done: The Immigration Policy Toolbox
At 50:10 · chapter starts 47:50
This is the constructive pivot the episode has been building toward. Shapiro identifies two master levers: enforce immigration law (executive's job) and eliminate welfare access for illegal immigrants (legislature and judiciary's job). About 50% of illegal immigrants entered legally on temporary visas and overstayed — a straightforward enforcement problem requiring no new law. [1] — Ben Shapiro "About 50% of illegal immigrants enter legally and overstay visas. You can enforce that without Congress. You can criminalize birth tourism …" 49:20 The DOJ issued a memo just yesterday on prosecuting birth tourism schemes. Travel regulations could be amended to deny long visas to women in late pregnancy. On the judicial front, Shapiro argues the current Supreme Court would likely overturn Plyler v. Doe, removing the constitutional guarantee of free K-12 schooling for undocumented children — a massive pull factor. He also quotes Kavanaugh's concurrence noting Congress could constitutionally legislate exceptions to birthright citizenship without a constitutional amendment, leaving that door open as well.
The Practical Immigration Fixes That Don't Require a Constitutional Amendment
About 50% of illegal immigrants enter legally and overstay visas. You can enforce that without Congress. You can criminalize birth tourism networks via DOJ memo. You can restrict third-trimester travel visas. And this Supreme Court would likely overturn Plyler v. Doe, stripping illegal immigrants' children of free public schooling.
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