S.304 - Birthright Citizenship Act of 2025 (119th Congress)
Summary
The Birthright Citizenship Act of 2025 (S.304) aims to amend Section 301 of the Immigration and Nationality Act, clarifying which individuals born in the United States are considered citizens at birth. The bill specifies that to be 'subject to the jurisdiction' of the United States, a person must be born to at least one parent who is a U.S. citizen or national, a lawful permanent resident, or an alien in lawful status serving in the armed forces. This bill does not retroactively affect the citizenship status of individuals born before the enactment of the Act.
Expected Effects
The primary effect of this bill, if enacted, would be to narrow the interpretation of the 14th Amendment's citizenship clause. It would exclude children born in the U.S. from automatic citizenship if their parents do not fall into one of the specified categories (citizen, lawful permanent resident, or active duty military). This could lead to legal challenges and potentially create a class of individuals born in the U.S. without citizenship.
Potential Benefits
- Potentially reduces strain on social services by limiting automatic citizenship.
- May deter illegal immigration by removing a perceived incentive.
- Could strengthen national security by more clearly defining citizenship requirements.
- May align citizenship laws more closely with those of other countries.
- Could clarify ambiguities in the interpretation of the 14th Amendment.
Most Benefited Areas:
Potential Disadvantages
- Could create a class of stateless persons born in the U.S., leading to legal and ethical concerns.
- May face significant legal challenges based on the 14th Amendment's citizenship clause.
- Could negatively impact families and communities by creating uncertainty about citizenship status.
- May increase administrative burdens related to determining parental status for citizenship.
- Could be perceived as discriminatory and undermine the principle of equal protection under the law.
Constitutional Alignment
The bill's constitutional alignment is highly debatable, particularly concerning the 14th Amendment, Section 1, which states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens. The bill attempts to define 'subject to the jurisdiction' more narrowly than some interpretations allow. This could lead to legal challenges arguing that the bill violates the 14th Amendment's guarantee of birthright citizenship.
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).