The "Birthright Citizenship Act of 2025" amends the Immigration and Nationality Act to clarify that individuals born in the U.S. are citizens if born to parents who are citizens, lawful permanent residents, or aliens lawfully serving in the armed forces, without affecting citizenship status of those born before the Act.
Lindsey Graham
Senator
SC
The "Birthright Citizenship Act of 2025" amends the Immigration and Nationality Act, clarifying who is considered a U.S. citizen at birth. It affirms that individuals born in the U.S. are citizens if born to parents who are citizens, lawful permanent residents, or aliens in lawful status serving in the armed forces. This clarification applies prospectively and does not impact the citizenship status of those born before the Act's enactment.
Birthright Citizenship Act of 2025 Clarifies Who's a Citizen at Birth: New Rules Focus on Parents' Status
The "Birthright Citizenship Act of 2025" amends the Immigration and Nationality Act, specifically detailing who qualifies as a U.S. citizen at birth. The core change? It ties birthright citizenship directly to the parents' legal status in the United States. This doesn't change anything for those born before the enactment of this act.
Breaking Down the Changes
The bill amends Section 301 of the existing Immigration and Nationality Act. Now, a child born in the U.S. is automatically a citizen if, at the time of birth, their parents are:
- U.S. citizens or nationals.
- Lawful permanent residents (green card holders) residing in the U.S.
- Aliens who are in lawful status serving in the U.S. armed forces.
For example, a child born in El Paso, Texas, to a mother who is a U.S. citizen is a U.S. citizen. Similarly, a child born in San Diego, California, to a father who is a lawful permanent resident living in the U.S. is also a U.S. citizen. A child born at a U.S. military base in the U.S. to a parent actively serving in the U.S. military, and lawfully present in the US, is a citizen, too.
Real-World Impact and Potential Challenges
While the bill clarifies many situations, the phrase "subject to the jurisdiction of the United States" is central. The bill defines this by reference to the parents' status. This might mean that children born in the U.S. to parents without U.S. citizenship, lawful permanent residency, or lawful status in the armed forces may not automatically be citizens. This is a significant clarification, and potentially a narrowing, of current interpretations of birthright citizenship.
The main benefit is clearer guidelines. This could streamline the process of determining citizenship, reducing ambiguity for many families. However, there's also a potential for legal challenges. What precisely constitutes "lawful status" beyond the categories listed could become a point of contention, potentially leading to lawsuits and differing interpretations. It is also important to remember that this bill, if passed, will not change the citizenship status of anyone born before its enactment.