Bill narrows birthright citizenship to children of legal-status parents only

What it does

This bill amends the Immigration and Nationality Act to redefine who qualifies as 'subject to the jurisdiction' of the United States for purposes of birthright citizenship. It narrows eligibility to children born in the U.S. to at least one parent who is a U.S. citizen, national, lawful permanent resident, or alien in active military service—excluding children born to undocumented immigrants or those without lawful status. The bill does not apply retroactively to people born before enactment.

Why we flagged it

The bill functionally narrows birthright citizenship eligibility by redefining 'subject to the jurisdiction' in section 301 of the INA, creating a statutory condition that departs from the 14th Amendment's text while claiming to acknowledge it. This is a substantive restriction on citizenship acquisition, not a clarification.

What the text implies

• The bill's preamble acknowledges the 14th Amendment's birthright citizenship guarantee but then defines 'subject to jurisdiction' in a way that contradicts the Amendment's plain language—creating potential constitutional conflict and litigation risk.
• Children born in the U.S. to undocumented parents would be born in the country but not automatically citizens, creating a new class of stateless or non-citizen U.S.-born persons with unclear legal status and rights.

The full analysis lists 4 implications of this text.

Who it affects

The bill restricts access to birthright citizenship for a class of children born in the U.S., making citizenship status depend on parental immigration status rather than birth alone. This creates a new category of U.S.-born persons without automatic citizenship rights, potentially affecting their legal status, access to benefits, and civic participation.