The bill clarifies and preserves birthright citizenship for children of U.S. citizens, lawful permanent residents, and military families while narrowing automatic citizenship eligibility to those groups — a trade-off that reduces legal ambiguity for some but risks leaving other U.S.-born children stateless or exposed to enforcement, long-term economic harm, and costly litigation.
Children born in the U.S. to a parent who is a U.S. citizen or U.S. national, to lawful permanent residents residing in the U.S., and to parents serving lawfully in the U.S. armed forces will be explicitly recognized as U.S. citizens at birth, preserving birthright citizenship for these groups.
The statute codifies which parental statuses satisfy 'subject to the jurisdiction,' reducing legal ambiguity and making DHS and court adjudications of citizenship claims clearer and more administrable.
Children born in the U.S. to parents who do not meet the bill's specified categories could lose automatic birthright citizenship, leaving some U.S.-born children ineligible for citizenship at birth.
Parents who fall outside the enumerated categories — and their families — could face increased immigration enforcement, detention, or removal, and children born after enactment could have uncertain or noncitizen legal status.
Limiting birthright citizenship for some U.S.-born children may produce long-term economic and social harms — including restricted access to education, benefits, and employment tied to citizenship — reducing lifetime opportunities for affected children.
Based on analysis of 2 sections of legislative text.
Limits birthright citizenship to U.S.-born persons whose at least one parent is a U.S. citizen/national, a lawful permanent resident with U.S. residence, or a noncitizen in lawful active U.S. military service.
Redefines who is "subject to the jurisdiction" for U.S. birthright citizenship by specifying that a person born in the United States is a U.S. citizen at birth only if at least one parent is (A) a U.S. citizen or national, (B) a lawful permanent resident whose residence is in the United States, or (C) an alien in lawful status performing active service in the U.S. armed forces. The change is written into the statutory list of who is a citizen at birth and applies prospectively while preserving citizenship and nationality for people born before the law takes effect. The bill is a short, targeted amendment to the Immigration and Nationality Act that narrows the set of parental statuses that automatically confer birthright citizenship, replaces the prior unqualified phrasing with a defined statutory test, and does not create new funding, deadlines, or administrative programs.
Introduced January 29, 2025 by Lindsey O. Graham · Last progress January 29, 2025