Bill would strip birthright citizenship from millions of U.S.-born children

What it does

This bill narrows birthright citizenship by requiring at least one parent to be a U.S. citizen, lawful permanent resident, or active-duty military member for a child born in the U.S. to automatically become a citizen—overriding the 14th Amendment's current interpretation. It also bars pregnant non-citizens who are unmarried to U.S. citizens from entering the country as temporary visitors, with a narrow exception for medical treatment related to childbirth.

Why we flagged it

The bill's core function is to restrict both birthright citizenship eligibility and admission of pregnant non-citizens. While titled 'Anchors Away Act' (a colloquial reference to children born to non-citizen mothers), the operative mechanism is a constitutional reinterpretation of the 14th Amendment's jurisdiction clause and a new categorical bar on admission.

What the text implies

• The bill's definition of 'subject to the jurisdiction' may conflict with current 14th Amendment jurisprudence (United States v. Wong Kim Ark, 1898), which grants citizenship to children born in the U.S. regardless of parental status, except for children of diplomats or invading forces. The severability clause suggests drafters anticipated constitutional challenge.
• The pregnancy bar creates a gender-specific admission exclusion (only pregnant women are named) that may trigger heightened scrutiny under equal protection doctrine. The 'legitimate medical treatment' carve-out is narrow and may be difficult to apply in practice, potentially deterring pregnant women from seeking any admission.

The full analysis lists 5 implications of this text.

Who it affects

The bill restricts citizenship rights for U.S.-born children and limits admission rights for pregnant women, narrowing protections that currently apply broadly. While framed as immigration enforcement, the citizenship change affects fundamental rights of persons born on U.S.