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Constitutional Citizenship Clarification Act of 2025
To amend section 301 of the Immigration and Nationality Act to clarify those classes of individuals born in the United States who are not nationals or citizens of the United States at birth.
Summary
The Constitutional Citizenship Clarification Act of 2025 amends the Immigration and Nationality Act to modify birthright citizenship rules by excluding certain categories of persons born in the United States from automatic citizenship. Under the bill, individuals born in the United States to alien parents who are unlawfully present in the United States, present for diplomatic purposes, or engaged in hostile occupation or operations in the United States would not be considered subject to U.S. jurisdiction and thus would not be entitled to birthright citizenship. The bill codifies existing exceptions to birthright citizenship (for children of diplomats and enemy combatants) and expands them to include children of undocumented immigrants and those engaged in hostile operations. The measure reflects the principle that birthright citizenship should be limited to those born to parents with allegiance and obedience to the United States.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
Actions (2)
- Jul 23, 2025 Referred to the House Committee on the Judiciary. · house
- Jul 23, 2025 Introduced in House
Similar bills (6)
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Text versions (1)
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Full text
IN THE HOUSE OF REPRESENTATIVES
July 23, 2025
Ms. Tenney introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend section 301 of the Immigration and Nationality Act to clarify those classes of individuals born in the United States who are not nationals or citizens of the United States at birth.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Constitutional Citizenship Clarification Act of 2025”.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) the right of birthright citizenship, established by section 1 of the 14th Amendment to the Constitution of the United States, is rooted in the common law doctrine of jus soli and limited by the principle that it is not “the soil, but ligeantia and obedientia that make the subject born” a citizen;
(2) the Supreme Court of the United States has long recognized that, under the principle of allegiance and obedience, the children of foreign diplomats or enemy troops born on United States soil are not entitled to birthright citizenship; and
(3) under that same principle, the children of foreign spies, saboteurs, terrorists, or other hostile actors, as well as the children of illegal aliens, should not be entitled to birthright citizenship.
SEC. 3. PURPOSE.
The purposes of this Act are—
(1) to codify the common law exception to birthright citizenship for ambassadors and invaders; and
(2) to clarify that other categories of disloyal or disobedient aliens are also subject to such exception.
SEC. 4. CITIZENSHIP AT BIRTH EXCLUSIONS FOR CERTAIN PERSONS BORN IN THE UNITED STATES.
Section 301(a) of the Immigration and Nationality Act (8 U.S.C. 1401(a)) is amended by striking the semicolon at the end and inserting the following: “: Provided, That a person born in the United States shall not be considered subject to the jurisdiction of the United States if the person is born of alien parents who are—
“(1) unlawfully present in the United States;
“(2) present in the United States for diplomatic purposes; or
“(3) engaged in a hostile occupation of, or a hostile operation in, the United States;”. <all>
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