Proposed PARENT Act Aims to Redefine Birthright Citizenship Based on Parental Status

A new bill, officially titled the "Prohibiting Automatic Rights to Enter National Territory Act of 2025" (or "PARENT Act"), seeks to fundamentally change who qualifies for U.S. citizenship at birth. It proposes amending the Immigration and Nationality Act to require that for a child born in the United States to automatically be a citizen, at least one parent must be a U.S. citizen or a lawful permanent resident (green card holder) at the time of the child's birth. This change, outlined in Section 2, would apply to individuals born after the date the bill becomes law.

Shifting the Citizenship Standard

Currently, under the prevailing interpretation of the 14th Amendment, birth within U.S. territory generally confers citizenship. This bill directly challenges that long-standing principle. The core change is the introduction of parental immigration status as a prerequisite. If passed, simply being born on U.S. soil would no longer be enough; the legal status of a parent at that specific moment becomes the deciding factor for citizenship under Section 301(a) of the Immigration and Nationality Act, as amended by this bill.

Who Feels the Impact?

The most direct impact falls on children born in the U.S. to parents who are neither citizens nor lawful permanent residents. This includes parents who might be long-term residents on temporary visas (like work or student visas), those awaiting asylum decisions, or individuals who are undocumented. For example, a child born in a U.S. hospital to parents legally working here on H-1B visas might not automatically receive citizenship under this act. This raises significant concerns about potentially creating a class of individuals born and raised in the U.S. without the rights and protections of citizenship, potentially facing uncertain futures regarding their legal status, access to education, and ability to work later in life.

Potential Hurdles and Questions

Beyond the immediate impact on families, this proposal raises significant legal and practical questions. It directly confronts the established understanding of the 14th Amendment's Citizenship Clause, suggesting potential legal challenges ahead. Practically, implementing this would require new systems for verifying parental immigration status precisely at the time of birth, potentially creating bureaucratic hurdles for new parents and hospitals. The bill doesn't specify how this verification would occur, leaving room for potential difficulties in documentation and proof, particularly for families already navigating complex immigration processes.