Summary#
This joint resolution would add a new amendment to the U.S. Constitution to limit which children born in the United States are considered “subject to the jurisdiction” for purposes of the 14th Amendment. The main change would say a person born in the U.S. is only covered if at least one parent is a U.S. citizen, a U.S. national, or a lawful permanent resident (green card holder) who lives in the United States. The amendment gives Congress power to write laws to carry out the change.
- Main change: Birthright citizenship would be restricted so that at least one parent must be a citizen, national, or lawful permanent resident for the child to be considered a U.S. citizen at birth.
- Who it targets: Children born in the United States to parents who are not citizens, nationals, or lawful permanent residents.
- Implementation: Congress is authorized to pass laws to implement the amendment.
- Ratification window: The amendment must be ratified by three-fourths of the states within seven years after submission.
What it means for you#
- Children born in the U.S.: If neither parent is a U.S. citizen, national, nor lawful permanent resident, the child would not automatically be a U.S. citizen at birth under this amendment.
- Parents who are lawful permanent residents, citizens, or nationals: If at least one parent fits one of those categories, their child born in the U.S. would be treated as a U.S. citizen under this amendment.
- Parents with temporary status or no legal status: This likely includes parents on temporary visas (tourists, students, temporary workers), people without legal immigration status, and some other nonimmigrant categories. Children of such parents would likely not receive automatic citizenship at birth under the amendment.
- Hospitals, vital records offices, and passport services: These agencies could face new rules or paperwork requirements if Congress creates implementing laws requiring proof of a parent’s status to document a child’s citizenship. The amendment itself does not specify those processes.
- Immigration and citizenship processes: The amendment would change the constitutional basis for automatic citizenship by birth. It could lead Congress to create new procedures for determining a child’s citizenship at birth or later.
- States and local governments: States that handle birth certificates and related records may need to adapt to any implementing federal laws. The amendment text does not list specific state duties.
Expenses#
No publicly available information.
- The bill text does not include a fiscal note or estimate of government costs.
- If Congress writes implementing laws, there could be administrative costs (for federal agencies, hospitals, states) to verify parental status, process claims, handle appeals, and update systems, but the amendment itself does not provide estimates.
- Potential legal costs could arise from litigation testing how the amendment is applied, but no cost information is provided.
Proponents' View#
- The bill appears intended to make explicit that birthright citizenship under the 14th Amendment requires a parent to be a citizen, national, or lawful permanent resident.
- A possible argument for the bill is that it would align birthright citizenship with parents’ legal status, so citizenship at birth depends on parental ties to the country.
- Supporters may see value in giving Congress clear authority to create rules and procedures to implement the amendment.
Opponents' View#
- One concern is that the amendment would leave some children born in the U.S. without automatic U.S. citizenship. The bill does not say what protections or processes would apply to children who would no longer qualify.
- The amendment does not explain how officials would prove a parent’s status at the time of birth or handle disputes, so implementation could create administrative burdens for hospitals, state vital records offices, and federal agencies.
- It is unclear whether the amendment could create situations of statelessness (children with no citizenship) or require additional federal or state spending to prevent that outcome.
- The amendment does not state whether it would apply retroactively to people already born, so questions about existing citizens born to noncitizen parents are not answered in the text.