H.R.2337 - Prohibiting Automatic Rights to Enter National Territory Act of 2025; PARENT Act of 2025 (119th Congress)
Summary
H.R.2337, also known as the "Prohibiting Automatic Rights to Enter National Territory Act of 2025" or the "PARENT Act of 2025," aims to amend the Immigration and Nationality Act concerning birthright citizenship. Specifically, it seeks to clarify the definition of "subject to the jurisdiction thereof" in Section 301(a) of the Act. The bill stipulates that for a person born in the United States to be considered a citizen at birth, at least one parent must be a U.S. citizen or a lawful permanent resident at the time of the person's birth. This change would apply to individuals born after the enactment of the Act.
Expected Effects
If enacted, H.R.2337 would alter the criteria for automatic birthright citizenship in the United States. It would narrow the interpretation of the 14th Amendment's citizenship clause. This could lead to a significant number of children born in the U.S. to non-citizen, non-permanent resident parents not being granted automatic citizenship.
Potential Benefits
- Potentially reduces strain on social services and public resources if fewer individuals are automatically granted citizenship.
- May strengthen border security by discouraging individuals from entering the U.S. solely for the purpose of birthright citizenship.
- Could align the U.S. citizenship laws more closely with those of some other countries.
- May address concerns about potential abuses of the current birthright citizenship system.
- Could lead to a more controlled and deliberate immigration process.
Most Benefited Areas:
Potential Disadvantages
- Could create a subclass of individuals born in the U.S. who are not citizens, potentially leading to legal and social challenges.
- May face legal challenges based on the 14th Amendment's citizenship clause.
- Could negatively impact families and communities by creating uncertainty about the citizenship status of children.
- May increase administrative burdens related to determining the citizenship status of newborns.
- Could be perceived as discriminatory and undermine the principle of equal protection under the law.
Constitutional Alignment
The constitutional alignment of H.R.2337 is highly contested, particularly concerning the 14th Amendment, which states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens. The bill attempts to redefine "subject to the jurisdiction thereof," which is a key point of contention. Legal scholars hold differing views on whether Congress has the authority to redefine this phrase in a way that excludes children born to non-citizen, non-permanent resident parents.
This bill's alignment with the Constitution is questionable, potentially conflicting with the 14th Amendment's broad guarantee of citizenship. The Supreme Court would likely need to resolve any constitutional challenges to this legislation.
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).