H.R.3368 - Born in the USA Act of 2025 (119th Congress)
Summary
H.R.3368, the "Born in the USA Act of 2025," aims to prohibit the use of federal funds to carry out Executive Order 14160. The bill is a direct response to concerns that the Executive Order, issued by President Trump, unconstitutionally restricts birthright citizenship as defined by the 14th Amendment. The bill cites the Supreme Court case United States v. Wong Kim Ark (1898) to support its position on birthright citizenship.
Expected Effects
If enacted, H.R.3368 would prevent the Executive Branch from using federal funds to implement Executive Order 14160. This would effectively nullify the Executive Order's impact by ensuring that no government resources are used to enforce it. The bill reinforces the principle of birthright citizenship as enshrined in the 14th Amendment.
Potential Benefits
- Reinforces the 14th Amendment's guarantee of birthright citizenship.
- Prevents potential discrimination based on immigration status of parents.
- Upholds Supreme Court precedent (United States v. Wong Kim Ark).
- Provides clarity and stability regarding citizenship laws.
- Protects the rights of children born in the United States.
Potential Disadvantages
- May create political polarization and division.
- Could be viewed as a challenge to executive authority.
- Potential for future administrations to attempt similar executive actions.
- May not fully address underlying concerns about immigration policy.
- Could be seen as redundant if the Executive Order is already deemed unconstitutional by the courts.
Constitutional Alignment
The bill aligns strongly with the 14th Amendment, which states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." It also references the Supreme Court's interpretation of this clause in United States v. Wong Kim Ark. The bill's objective to prevent the executive branch from contravening established constitutional principles supports the separation of powers and the rule of law.
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).