Sponsors (9)
The bill narrows automatic birthright citizenship to children with at least one citizen or lawful permanent resident parent (and clarifies military-related cases) while removing automatic citizenship for children of unlawfully present or certain nonresident parents — trading broader jus soli for status-based clarity at the cost of hardship for affected families and extra administrative and legal burdens.
Children born in the U.S. to at least one U.S. citizen or lawful permanent resident will retain a clear entitlement to birthright citizenship under the bill.
Children of U.S. service members will have clarified citizenship eligibility by referencing 10 U.S.C. §101, reducing ambiguity for military families.
People who are already U.S. citizens because they were born before the bill's enactment will have their citizenship explicitly grandfathered, avoiding retroactive loss.
Children born in the U.S. to parents who are unlawfully present or who hold nonresident visas would no longer automatically acquire U.S. citizenship at birth.
Families and children who would previously have been eligible for citizenship may face uncertainty and hardship, including reduced access to benefits and legal protections.
DHS and federal courts are likely to face increased administrative burden and legal challenges to determine parental immigration status at or after birth, raising costs and delays.
Based on analysis of 2 sections of legislative text.
Amends the federal birthright-citizenship statute (8 U.S.C. §1401) to narrow who is considered “subject to the jurisdiction” for purposes of U.S. citizenship at birth. Under the change, a person born in the United States is a U.S. citizen at birth only if at least one parent is a U.S. citizen or national, a lawful permanent resident whose residence is in the United States, or a noncitizen in lawful status performing active service in the U.S. armed forces. The law applies prospectively and explicitly does not change the citizenship status of people born before enactment. It adds a definitional cross‑reference to the statutory definition of armed forces service and makes no new funding, reporting, or deadline requirements.
Introduced January 29, 2025 by Lindsey O. Graham · Last progress January 29, 2025