Amendment would strip birthright citizenship from children of undocumented immigrants
H.J.Res. 172 — Proposing an amendment to the Constitution of the United States to protect United States citizenship. · Filed by Clay Fuller (R-GA) · 6 cosponsors · Introduced May 4, 2026 · Referred to committee
Your members of Congress
Enter a ZIP to see where your representative and both senators stood on this bill.
Looked up on this device — your ZIP is never stored on our servers.
What it does
This joint resolution proposes a constitutional amendment that would narrow the definition of 'subject to the jurisdiction of the United States' in the 14th Amendment. Under current law, anyone born on U.S. soil is automatically a citizen (birthright citizenship). This amendment would restrict that to children born to at least one parent who is a U.S. citizen, a lawful permanent resident, or an alien serving in the military. Children born to undocumented immigrants or other non-status aliens would no longer automatically become citizens.
Why we flagged it
The bill's core function is to amend the 14th Amendment to narrow the scope of automatic citizenship at birth. It redefines 'subject to the jurisdiction' to exclude children born to undocumented immigrants, fundamentally altering who qualifies for birthright citizenship.
What the text implies
- Creates a new category of persons born in the U.S. who are not citizens, potentially stateless or dependent on parental immigration status for legal standing.
- Shifts burden of proof: children would need to establish parental status at birth to claim citizenship, rather than citizenship being automatic.
The full analysis lists 5 implications of this text.
Who it affects
The amendment strips birthright citizenship from a defined class of people born in the United States, eliminating a constitutional right that has existed for 150+ years. While framed as 'protecting' citizenship, it actually narrows who can claim it, creating a new category of stateless or non-citizen persons born in the country.