New Bill Strips Birthright Citizenship for Children of Undocumented Parents and 'Hostile' Actors

The Constitutional Citizenship Clarification Act of 2025 takes direct aim at birthright citizenship, the rule that says anyone born on U.S. soil is automatically a citizen. This bill proposes a massive change to Section 301(a) of the Immigration and Nationality Act (8 U.S.C. 1401(a)), adding a major exception that says certain people born here would not be considered subject to U.S. jurisdiction, meaning no automatic citizenship. Essentially, if this passes, your status as a U.S. citizen at birth would depend on who your parents are, not just where you were born.

The Loyalty Test: Who Gets Excluded?

This legislation is rooted in the idea that citizenship should be tied to loyalty and obedience, a concept the bill calls ligeantia and obedientia. The bill argues that the automatic right to citizenship should not apply to children whose parents fall into three specific categories at the time of the child’s birth. The first category, which is already largely covered by existing law, excludes children born to parents present for diplomatic purposes. The second and third categories are the game-changers: children born to parents who are unlawfully present in the U.S. or parents who are engaged in a hostile occupation of, or a hostile operation within, the United States.

Creating a New Class of American-Born Non-Citizens

For the average person, the biggest real-world impact is the exclusion of children born to parents who are undocumented. Think about the millions of people currently working, going to school, and raising families in the U.S. who do not have legal status. If one of their children is born after this Act takes effect, that child—born right here in the U.S.—would no longer be a citizen. This creates a massive new population of American-born individuals who are not citizens, starting their lives in legal limbo. This isn't just a legal headache; it's a huge practical problem for schools, hospitals, and employers down the line, potentially increasing the number of people who are essentially stateless within the country they call home.

The Vague Threat of 'Hostile Operations'

While the bill’s stated purpose is to codify exceptions for diplomats and invaders, the language used opens the door to broader interpretations. The exclusion for parents “engaged in a hostile occupation or operation” is incredibly vague. What exactly counts as a “hostile operation”? Does this only mean spies and saboteurs, as the bill suggests in its justification? Or could this language be used to target and strip citizenship from the children of political activists, foreign journalists, or others the government deems adversarial? Because the bill doesn’t define “hostile operation,” it gives significant discretionary power to federal agencies to decide who meets this standard, which could have a chilling effect on speech and association for non-citizens.

What This Means for Everyday Life

This bill attempts to fundamentally alter a core principle of U.S. law that has been in place since the 14th Amendment was ratified. If implemented, it wouldn't just affect people's legal status; it would tangle up basic daily functions. Imagine a U.S.-born child who needs to enroll in school or access healthcare, but now lacks the legal documents of a citizen. For employers, this could eventually complicate hiring and employment verification, as they would have to navigate a new class of people born domestically but lacking citizenship. This legislation isn't just about immigration policy; it's about redefining who belongs here, and the practical challenges of implementing such a sweeping change would affect communities and government services nationwide.