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Birthright Citizenship 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 nationals and citizens of the United States at birth.
Summary
This bill amends federal immigration law to clarify the definition of "subject to the jurisdiction" for birthright citizenship purposes. Under the bill, a person born in the United States would automatically receive citizenship at birth only if at least one parent is: a U.S. citizen or national, an alien lawfully admitted for permanent residence, or an alien in lawful status performing active service in the armed forces. The bill does not affect citizenship status of persons born before enactment. This would narrow birthright citizenship eligibility compared to current law, which grants citizenship to all persons born in the U.S. and subject to its jurisdiction.
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. Graham, Lindsey [R-SC] (R-SC)
10 cosponsors
- Sen. Banks, Jim [R-IN] (R-IN)
- Sen. Blackburn, Marsha [R-TN] (R-TN)
- Sen. Britt, Katie Boyd [R-AL] (R-AL)
- Sen. Budd, Ted [R-NC] (R-NC)
- Sen. Cruz, Ted [R-TX] (R-TX)
- Sen. Graham, Darline [R-SC] (R-SC)
- Sen. Lee, Mike [R-UT] (R-UT)
- Sen. Moreno, Bernie [R-OH] (R-OH)
- Sen. Ricketts, Pete [R-NE] (R-NE)
- Sen. Sheehy, Tim [R-MT] (R-MT)
Actions (2)
- Jan 29, 2025 Read twice and referred to the Committee on the Judiciary. · senate
- Jan 29, 2025 Introduced in Senate
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Text versions (1)
Bills are re-published as they move (Introduced → Reported → Engrossed → Enrolled …). Each stage below is a separate text; pick two to see what changed. Data from Congress.gov.
Full text
IN THE SENATE OF THE UNITED STATES
January 29, 2025
Mr. Graham (for himself, Mr. Cruz, and Mrs. Britt) 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 nationals and 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 “Birthright Citizenship Act of 2025”.
SEC. 2. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS BORN IN THE UNITED STATES.
(a) In General.—Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is amended—
(1) by inserting “(a) In General.—” before “The following”;
(2) by redesignating subsections (a) through (h) as paragraphs (1) through (8), respectively; and
(3) by adding at the end the following:
“(b) Definition.—Acknowledging the right of birthright citizenship established by section 1 of the 14th amendment to the Constitution, a person born in the United States shall be considered ‘subject to the jurisdiction’ of the United States for purposes of subsection (a)(1) if the person is born in the United States of parents, one of whom is—
“(1) a citizen or national of the United States;
“(2) an alien lawfully admitted for permanent residence in the United States whose residence is in the United States; or
“(3) an alien in lawful status performing active service in the armed forces (as defined in section 101 of title 10, United States Code).”.
(b) Applicability.—The amendment made by subsection (a)(3) shall not be construed to affect the citizenship or nationality status of any person born before the date of the enactment of this Act. <all>
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