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
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.