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 United States to specific categories of alien parents (unlawfully present, diplomatic personnel, or those engaged in hostile actions) would not automatically be considered citizens. The bill expresses the sense of Congress that birthright citizenship is limited by allegiance and obedience to the US.
The Act intends to codify exceptions to birthright citizenship, drawing from common law principles related to foreign diplomats and hostile actors. It proposes amending Section 301(a) of the Immigration and Nationality Act to reflect these exclusions.
This bill directly challenges the interpretation of the 14th Amendment's citizenship clause and could have far-reaching implications for immigration law and the rights of children born in the US to non-citizen parents.
Expected Effects
If enacted, this Act would change who is considered a US citizen at birth. It would exclude children born to undocumented immigrants, diplomatic personnel, and those engaged in hostile actions from automatic citizenship.
This could lead to legal challenges regarding the interpretation of the 14th Amendment. It may also create a new class of individuals residing in the US without citizenship, impacting their access to social services and legal protections.
Potential Benefits
- Potentially strengthens national security by denying citizenship to children of hostile actors.
- May reduce the incentive for illegal immigration by limiting birthright citizenship.
- Could align citizenship laws more closely with the principle of allegiance and obedience, as perceived by some.
- May reduce strain on social services if fewer individuals are automatically granted citizenship.
- Could clarify existing ambiguities in the interpretation of the 14th Amendment, according to the bill's proponents.
Most Benefited Areas:
Potential Disadvantages
- Potentially violates the 14th Amendment's guarantee of citizenship to all persons born in the United States and subject to its jurisdiction.
- Could create a subclass of individuals without citizenship, leading to social and economic marginalization.
- May face legal challenges and uncertainty, resulting in costly litigation.
- Could harm the US's international reputation as a country that values birthright citizenship.
- May disproportionately affect minority communities and families with mixed immigration statuses.
Constitutional Alignment
This bill's constitutional alignment is highly contested. The 14th Amendment states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States".
The bill attempts to narrow the interpretation of "subject to the jurisdiction thereof," arguing that certain classes of individuals are not fully subject to US jurisdiction. This interpretation is likely to face significant legal challenges, as it deviates from the widely accepted understanding of the 14th Amendment.
The bill's proponents argue that the 14th Amendment was not intended to grant citizenship to everyone born on US soil, citing historical context and common law principles. Opponents argue that the bill directly contradicts the plain language and intent of the 14th Amendment, potentially violating fundamental rights.
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).