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
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;”.