Official Summaries

Birthright Citizenship Act of 2025

This bill limits birthright citizenship by redefining what it means to be subject to the jurisdiction of the United States.

Currently, a person born in the United States and subject to U.S. jurisdiction is entitled to citizenship. Under the bill, a person is subject to U.S. jurisdiction if he or she is born to a parent who is (1) a U.S. citizen or national, (2) a lawful permanent resident residing in the United States, or (3) a non-U.S. national (alien under federal law) in lawful status who is performing active service in the Armed Forces.

The bill does not affect the citizenship or nationality status of any person born before the bill's enactment date.

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 304 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                 S. 304

To amend section 301 of the Immigration and Nationality Act to clarify 
    those classes of individuals born in the United States who are 
         nationals and citizens of the United States at birth.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2025

   Mr. Graham (for himself, Mr. Cruz, and Mrs. Britt) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend section 301 of the Immigration and Nationality Act to clarify 
    those classes of individuals born in the United States who are 
         nationals and citizens of the United States at birth.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Birthright Citizenship Act of 
2025''.

SEC. 2. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS BORN IN THE UNITED 
              STATES.

    (a) In General.--Section 301 of the Immigration and Nationality Act 
(8 U.S.C. 1401) is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        following'';
            (2) by redesignating subsections (a) through (h) as 
        paragraphs (1) through (8), respectively; and
            (3) by adding at the end the following:
    ``(b) Definition.--Acknowledging the right of birthright 
citizenship established by section 1 of the 14th amendment to the 
Constitution, a person born in the United States shall be considered 
`subject to the jurisdiction' of the United States for purposes of 
subsection (a)(1) if the person is born in the United States of 
parents, one of whom is--
            ``(1) a citizen or national of the United States;
            ``(2) an alien lawfully admitted for permanent residence in 
        the United States whose residence is in the United States; or
            ``(3) an alien in lawful status performing active service 
        in the armed forces (as defined in section 101 of title 10, 
        United States Code).''.
    (b) Applicability.--The amendment made by subsection (a)(3) shall 
not be construed to affect the citizenship or nationality status of any 
person born before the date of the enactment of this Act.
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