PolicyBrief
S. 646
119th CongressFeb 20th 2025
Born in the USA Act
IN COMMITTEE

Prohibits the use of funds to implement Executive Order 14160, which was deemed unconstitutional and sought to deny citizenship to children born in the U.S.

Jacky Rosen
D

Jacky Rosen

Senator

NV

LEGISLATION

Born in the USA Act: Blocks Funding for Trump's Executive Order That Would Have Denied Citizenship to Children Born in the U.S.

The "Born in the USA Act" is pretty straightforward: it blocks any federal money from being used to carry out Executive Order 14160, issued by President Trump on January 20, 2025. That executive order aimed to prevent certain kids born in the U.S. from being recognized as citizens, but this bill says, "Nope, not on our dime."

What's in a Name?

This bill is all about upholding the 14th Amendment of the Constitution, which clearly states that anyone born in the U.S. and under its jurisdiction is a citizen. The bill also points to the 1898 Supreme Court case United States v. Wong Kim Ark, which backed up this idea by confirming that kids born here to resident alien parents are indeed citizens. So, basically, this isn't new territory; it's established law.

Real-World Impact

Imagine a family living and working in the U.S., maybe running a local restaurant or working construction. Their child, born in the States, would automatically be a U.S. citizen under the 14th Amendment. Executive Order 14160 tried to change that, but the "Born in the USA Act" ensures that the original intent of the Constitution holds. This impacts immigrant families directly, ensuring their U.S.-born children have all the rights of citizenship.

The Bottom Line

This bill makes sure that the government can't use any funds to enforce an executive order that goes against the Constitution. (SEC. 3). It's a direct response to an attempt to sidestep a long-standing constitutional right. It reinforces that birthright citizenship, as defined by the 14th Amendment and supported by the Supreme Court, is the law of the land, no matter who's in the White House. The bill also cites that federal courts have opposed the constitutionality of Executive Order 14160. (SEC. 2).