Birthright Citizenship Act of 2025

Senate Bill

S. 304

119th Congress

Birthright Citizenship Act of 2025

In Committee

Introduced:Jan 29, 2025

Primary Sponsor

Roger Marshall

Senator

Republican

KS

Cosponsors

8

Quick Stats

Policy Area

Immigration

Summary

The Birthright Citizenship Act redefines who is subject to U.S. jurisdiction for citizenship purposes. Children born in the U.S. would only receive automatic citizenship if at least one parent is a citizen, lawful permanent resident residing in the U.S., or a non-citizen performing active military service. It does not affect citizenship of those already born.

Latest Action

Read twice and referred to the Committee on the Judiciary.

AI Summary

Plain-English explanation of this bill

The Birthright Citizenship Act redefines who is subject to U.S. jurisdiction for citizenship purposes. Children born in the U.S. would only receive automatic citizenship if at least one parent is a citizen, lawful permanent resident residing in the U.S., or a non-citizen performing active military service. It does not affect citizenship of those already born.

Last updated: 1/4/2026

Official Summary

Congressional Research Service summary

Birthright Citizenship Act of 2025 This bill limits birthright citizenship by redefining what it means to be subject to the jurisdiction of the United States.Currently, a person born in the United States and subject to U.S. jurisdiction is entitled to citizenship. Under the bill, a person is subject to U.S. jurisdiction if he or she is born to a parent who is (1) a U.S. citizen or national, (2) a lawful permanent resident residing in the United States, or (3) a non-U.S. national (alien under federal law) in lawful status who is performing active service in the Armed Forces.The bill does not affect the citizenship or nationality status of any person born before the bill's enactment date.

Key Points

Main provisions of the bill

Limits birthright citizenship to certain parent categories
Requires citizen, LPR, or military parent
Redefines subject to jurisdiction clause
Does not affect existing citizens
Interprets 14th Amendment narrowly
Excludes children of undocumented immigrants

How This Impacts Americans

Potential effects on citizens and communities

This bill would fundamentally change birthright citizenship as practiced since the 14th Amendment, excluding children of undocumented immigrants, visitors, and others from automatic citizenship. The bill raises significant constitutional questions about whether Congress can redefine the 14th Amendments jurisdiction clause. Legal experts are divided on whether such legislation would survive judicial review. If upheld, it would create a new class of U.S.-born non-citizens.

Policy Areas

Primary Policy Area

Immigration

Scope & Jurisdiction

Jurisdiction Level

federal

Congressional Session

119th Congress

Citation Reference

304, 119th Congress (2025). "Birthright Citizenship Act of 2025". Source: Voter's Right Platform. https://votersright.org/bills/118-s-304