Constitutional Citizenship Clarification Act of 2025
Summary
The "Constitutional Citizenship Clarification Act of 2025" aims to amend the Immigration and Nationality Act, specifically targeting birthright citizenship as defined in the 14th Amendment. It seeks to clarify that children born in the US to parents who are unlawfully present, diplomats, or engaged in hostile actions are not automatically citizens. The bill's stated purpose is to codify common law exceptions and address perceived abuses of birthright citizenship.
Expected Effects
If enacted, this act would change the criteria for automatic US citizenship at birth. It would exclude specific categories of individuals born in the US from being considered citizens, potentially impacting immigration enforcement and the rights of children born to non-citizen parents. This could lead to legal challenges based on the 14th Amendment.
Potential Benefits
- Could potentially reduce strain on social services if fewer individuals are automatically granted citizenship.
- May align citizenship laws more closely with the principle of allegiance, as argued by proponents.
- Could deter illegal immigration by removing the incentive of birthright citizenship.
- May strengthen national security by preventing citizenship for children of hostile actors.
- Could address concerns about perceived abuses of birthright citizenship.
Potential Disadvantages
- Could lead to a complex legal landscape with increased litigation regarding citizenship status.
- May create a marginalized class of individuals born in the US without citizenship, potentially leading to social and economic challenges.
- Could face constitutional challenges based on the 14th Amendment's citizenship clause.
- May negatively impact family unity and create hardship for families with mixed citizenship status.
- Could damage the US's reputation as a nation of immigrants and a defender of human rights.
Constitutional Alignment
The bill's constitutional alignment is highly debatable. Section 1 of the 14th Amendment states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens. The bill attempts to narrow the interpretation of "subject to its jurisdiction," which could be seen as conflicting with the 14th Amendment's broad language. The Supreme Court has not definitively ruled on whether children of undocumented immigrants are subject to US jurisdiction in the context of the 14th Amendment.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).