Sponsors (88)
The bill clarifies and secures birthright citizenship for many U.S.-born children (citizens, LPRs, and service members' kids) and preserves existing citizenship, but it narrows statutory categories in ways that could spark costly litigation and may leave some U.S.-born children excluded from citizenship-linked benefits.
U.S.-born children of U.S. citizens, lawful permanent residents, and active-duty service members will be explicitly recognized as U.S. citizens at birth, reducing legal uncertainty for those families about birthright citizenship.
People born in the United States before this law takes effect will retain their existing citizenship status, avoiding retroactive loss of status and the upheaval that would cause.
Altering the statutory definition of who is 'subject to the jurisdiction' and narrowing listed categories could prompt litigation and constitutional challenges, creating prolonged legal uncertainty and potential costs for taxpayers and the federal court system.
If the definition is interpreted to exclude children born to parents not expressly listed (for example certain visa holders or undocumented parents), some U.S.-born children could be denied citizenship-linked federal benefits and face increased hardship while status is litigated.
Based on analysis of 2 sections of legislative text.
Defines "subject to the jurisdiction" so birthright citizenship at birth applies only if a parent is a U.S. citizen/national, a lawful permanent resident, or a lawful active-duty service member.
Official title: To amend section 301 of the Immigration and Nationality Act to clarify those classes of individuals born in the United States who are nationals and citizens of the United States at birth.
Introduced January 21, 2025 by Brian Babin · Last progress January 21, 2025
Amends the statutory definition of who is a U.S. citizen at birth by narrowing who is “subject to the jurisdiction” for 14th Amendment birthright citizenship purposes. The change says a person born in the United States is a citizen at birth only if at least one parent is (A) a U.S. citizen or national, (B) a lawful permanent resident who resides in the United States, or (C) a noncitizen with lawful status who is performing active service in the U.S. Armed Forces; it also preserves existing citizenship for people born before this law takes effect.