EXPERT INSIGHT

Overturning of Roe V. Wade and Abortion Bans Likely To Increase Taxes, Illegal Immigration Numbers, and Immigrant Birth Rights in U.S.


By: Jonathan Clark


The Supreme Court's decision to overturn Roe v. Wade in June 2022 led to immediate and widespread bans and restrictions on abortions across the United States. Following the ruling, abortion was quickly banned in many states, including Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, and West Virginia. Additionally, strict restrictions have been implemented in other states, including Florida, Georgia, South Carolina, Nebraska, North Carolina, Arizona, Utah, Iowa, Montana, and Wyoming. (View The Updated Tracker of U.S. Abortion Policies Here: https://states.guttmacher.org/policies/minnesota/abortion-policies)

The ruling and the subsequent swift actions by lawmakers have been celebrated by the anti-abortion movement as significant moral and political victories. However, experts warn that these celebrations may be premature, as they could lead to unforeseen and unexpected consequences, such as increased taxes, a rise in both legal and illegal immigration, and potentially the expansion of immigrant birth rights.


Increased Tax Burden

A significant aspect of anti-abortion policies often overlooked is their potential economic ramifications. One key argument against abortion bans is the substantial financial burden they could impose on society, particularly through increased public expenditures on healthcare, welfare, education, and other essential services.


Medicaid and Healthcare Costs

One immediate impact of stricter abortion laws is the potential increase in childbirths among women who might have otherwise chosen abortion due to financial instability or lack of support. In the United States, childbirth is costly, especially for families without adequate health insurance coverage. According to a report by the Kaiser Family Foundation, the average cost of childbirth and newborn care ranges from $5,000 to $11,000, depending on complications and the mode of delivery. For families reliant on Medicaid, a government-funded program, these costs are borne by taxpayers.

Medicaid already covers a significant portion of childbirth costs for low-income families. With a potential surge in childbirths due to abortion restrictions, the strain on Medicaid budgets could escalate, leading to higher taxes or reduced funding for other critical healthcare programs.


Welfare and Social Services

Beyond healthcare, the financial burden extends to welfare and other social services. Raising a child from birth to adulthood involves substantial costs in terms of food, shelter, education, and childcare. According to the U.S. Department of Agriculture, the average cost of raising a child from birth to 18 years old ranges from $230,000 to $280,000, depending on factors such as household income and location.

Families unable to bear these costs independently often turn to government assistance programs such as Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), and housing subsidies. These programs are crucial safety nets for vulnerable families but come at a significant cost to taxpayers. An increase in births due to restricted abortion access could strain these programs further, potentially necessitating higher taxes or reallocation of funds from other public services.


Education and Long-Term Financial Impact

Education represents another substantial financial commitment for taxpayers. Public education, funded predominantly through local property taxes and state budgets, accounts for a significant portion of government expenditures. With an increase in the number of children born into families facing financial hardship, the demand for public education services could rise, requiring additional resources to maintain quality and accessibility.

Moreover, children born into economically disadvantaged households often face higher barriers to academic success and future economic mobility. The long-term implications include potential reliance on public assistance programs as adults, perpetuating a cycle of dependence that places further strain on taxpayer-funded social services.


Immigration, Immigrant Birth Rights and Embryonic Citizenship


"In states that move the line to define life as beginning as early as conception, personhood and citizenship will begin as soon as a woman knows she is pregnant."

- Carliss Chatman, Law Professor, Washington and Lee University 


After the supreme court ruling, Stephen Woodford, a tenured law professor at the University of Virginia, remarked, "Friday's ruling has opened up a floodgate of topics regarding not only reproductive rights but also various issues surrounding the human rights of a fetus. By implying that life starts at conception, it could be argued that a fetus is entitled to the same protections and rights as a child who is already born."

Woodford elaborated, "This could lead to a scenario where a fertilized egg is considered a U.S. citizen before birth. Proof of conception on U.S. soil might be enough to grant citizenship to the unborn child, thereby providing the fetus and the mother with protections, including immunity from deportation or illegal immigration laws. Essentially, if life starts at conception, then so could citizenship."


"If life starts at conception, then so could citizenship."

- Stephen Woodford, Law Professor, University of Virginia


Woodford's legal analysis is echoed by other law experts, including Carliss N. Chatman, a law professor at Washington and Lee University:

"When states define natural personhood with the goal of overturning Roe v. Wade, they inadvertently create a system with two-tiered fetal citizenship. Roe and Planned Parenthood v. Casey establish a federal baseline for abortion access. Overturning these cases removes only the federal right to abortion, not the ability of states to allow it. In a post-Roe world, states like New York, which protect the right to choose through their constitutions and statutes, will continue to grant citizenship at birth. In states that define life as beginning at conception, personhood and citizenship will begin as soon as a woman knows she is pregnant." (Source: If a Fetus Is a Person, It Should Get Child Support, Due Process, and Citizenship)

While the idea of fetal and embryonic citizenship has not been deeply explored, and the 14th Amendment specifically grants citizenship to individuals born in the U.S., these rulings have thrust the topic into the spotlight among legal experts, human rights activists, and lawmakers. If the abolition of abortion leads to new laws granting citizenship to fertilized embryos and fetuses, the U.S. could see a substantial increase in both legal and illegal immigration as individuals seek U.S. citizenship and the accompanying protections for their unborn children and themselves. 


Conclusion

While the debate over abortion bans primarily revolves around moral, ethical, and constitutional considerations, it is essential to recognize the profound economic implications of such policies. The financial burden of childbirth, healthcare, welfare, education, and other associated costs as well as increased legal and illegal immigration rates and immigrant birth rights cannot be underestimated. As policymakers consider restrictive measures, they must carefully weigh these economic consequences alongside other considerations to ensure comprehensive and informed decision-making. Ultimately, the financial impact of abortion bans extends beyond individual choices to affect entire communities and taxpayers, highlighting the need for a nuanced approach to reproductive health policy in the United States.

Anti-abortion and abortion-rights demonstrators outside the Supreme Court in 1989. Credit: Mark Reinstein/Corbis, via Getty Images