Proposed Constitutional Amendment Rewrites Birthright Citizenship Rules: Who Is 'Subject to U.S. Jurisdiction' Now?

This Joint Resolution proposes a massive change to the U.S. Constitution, specifically targeting the rules for automatic citizenship based on where you are born. If ratified, this amendment would fundamentally alter the concept of birthright citizenship, which has been established practice since the 14th Amendment. The core of the proposal is this: simply being born in the United States would no longer automatically mean you are “subject to the jurisdiction” of the U.S., which is the legal language that underpins automatic citizenship.

The New Rulebook for U.S. Jurisdiction

Under the current system, nearly everyone born here is automatically a citizen. This amendment would change that by requiring that at least one parent meet specific criteria at the time of the child’s birth for the child to be considered “subject to U.S. jurisdiction.” Think of it like this: your parents’ immigration status suddenly becomes the gatekeeper for your citizenship, even if you’re born on U.S. soil. Specifically, one parent must be a U.S. national (a citizen), an alien who has been lawfully admitted for permanent residence and actually lives here, or an alien who is legally in the U.S. and actively serving in the U.S. Armed Forces.

Who Gets Left Out of the Automatic Club?

This is where the real-world impact hits hard. If this amendment passes, children born in the U.S. to parents who are undocumented immigrants, or even those holding temporary visas—like students, temporary workers (H-1B, J-1), or tourists—would no longer automatically gain citizenship. Imagine a child whose parents are agricultural workers here legally on seasonal visas, or a child born to a graduate student on an F-1 visa; under this proposal, that child would be born on U.S. soil but would not be a U.S. citizen. This could potentially create a large, permanent class of residents who grow up here, know no other country, but lack the rights and security of citizenship.

Congressional Cleanup and the Seven-Year Clock

The proposed amendment explicitly grants Congress the power to pass laws to implement and enforce this new standard. This is significant because it gives Congress broad authority to define the specifics of how this system works, potentially leading to future legislation that further clarifies or restricts the definitions of “lawfully admitted” or “actively serving.” Furthermore, for this massive change to even become part of the Constitution, it must be approved by three-fourths of the state legislatures within seven years of being sent to them. That’s a tight deadline for such a fundamental shift in national identity and law. For everyday people, this means a long period of uncertainty and potential state-level political battles over ratification, all while the legal status of children born during this time could be in limbo.