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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.
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 classes of persons born in the United States from automatic citizenship at birth. Under the bill, children born 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 therefore would not automatically receive birthright citizenship. The bill codifies existing exceptions for children of diplomats and invaders while adding a new category for children of individuals unlawfully present. The bill expresses the sense of Congress that birthright citizenship, established by the Fourteenth Amendment, is limited by principles of allegiance and obedience under common law.
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)
- Sen. Cotton, Tom [R-AR] (R-AR)
3 cosponsors
- Sen. Cramer, Kevin [R-ND] (R-ND)
- Sen. Hagerty, Bill [R-TN] (R-TN)
- Sen. Moreno, Bernie [R-OH] (R-OH)
Money behind the sponsor
Top reported contributors to Tom Cotton’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.
- NULL $80,461
- APOLLO MANAGEMENT $25,600
- APOLLO GLOBAL MANAGEMENT $19,800
- BRODIE GENERATIONAL CAPITAL PARTNERS $13,200
- APOLLO $11,600
Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for Tom Cotton → · Outside spending →
Actions (2)
- Jul 15, 2025 Read twice and referred to the Committee on the Judiciary. · senate
- Jul 15, 2025 Introduced in Senate
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Full text
IN THE SENATE OF THE UNITED STATES
July 15, 2025
Mr. Cotton (for himself, Mr. Hagerty, Mr. Moreno, and Mr. Cramer) introduced the following bill; which was read twice and 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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