Restricting birthright citizenship to children of legal residents and citizens?
The Birthright Citizenship Act restricts birthright citizenship by narrowing who is considered “subject to the jurisdiction” of the United States. Only children born in the U.S. to a parent who is a U.S. citizen or national, a lawful permanent resident, or a lawfully present noncitizen serving in the Armed Forces would qualify for citizenship at birth. The bill would not change the citizenship status of anyone born before its enactment.
Sponsor: Rep. Brian Babin (Republican, Texas, District 36)
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Opponents say
• "We firmly believe the legislation is not only unconstitutional, but that it would prove to impose significant harm to babies, children, families, and the very fabric of our nation. The principle of birthright citizenship is enshrined in the Fourteenth Amendment of the U.S. Constitution. Upon the inclusion of the Citizenship Clause, the United States has operated under the premise that every baby has an equal right to belong and engage in the “pursuit of happiness." Source: First Focus Campaign for Children, in a letter of opposition.
• "Denying citizenship to U.S.-born children is not only unconstitutional — it’s also a reckless and ruthless repudiation of American values. Birthright citizenship is part of what makes the United States the strong and dynamic nation that it is. This order seeks to repeat one of the gravest errors in American history, by creating a permanent subclass of people born in the U.S. who are denied full rights as Americans. We will not let this attack on newborns and future generations of Americans go unchallenged. The Trump administration's overreach is so egregious that we are confident we will ultimately prevail." Source: Anthony D. Romero, executive director of the American Civil Liberties Union
Proponents say
• "America’s citizenship laws should reflect fairness and respect for the rule of law. This common-sense legislation corrects decades of misuse and closes the loophole that incentivizes illegal immigration and exploits U.S. citizenship through birth tourism. Citizenship is one of our nation’s most precious privileges. By introducing this legislation, we are taking an important step to restore integrity to our immigration system and prioritize the interests of American citizens." Source: Rep. Brian Babin (Republican, Texas, District 36)
• "It is long overdue for the United States to change its policy on birthright citizenship because it is being abused in so many ways. One example is birth tourism, where wealthy individuals from China and other nations come to the United States simply to have a child who will be an American citizen. When you look at the magnets that draw people to America, birthright citizenship is one of the largest. I also appreciate President Trump’s executive order to address birthright citizenship. It is time for the United States to align itself with the rest of the world and restrict this practice once and for all." Source: Sen. Lindsey Graham (Republican, South Carolina)
• "The promise of American citizenship should not incentivize illegal migration, but that’s exactly what has happened for far too long. It’s time to fix this. Senator Lindsey Graham’s and my Birthright Citizenship Act would codify President Trump’s commonsense stance and end the abuse of birthright citizenship that I do not believe is consistent with the original meaning of the 14th Amendment’s Citizenship Clause. This will protect our nation’s sovereignty, disincentivize illegal migration, and ensure America’s citizenship practices are stronger and better aligned with peer countries around the globe." Source: Sen. Katie Britt (Republican, Alabama)
- Congressman Brian Babin Introduces Bill to End the Abuse of Birthright Citizenship (Press Release)
- Protecting the Meaning and Value of American Citizenship (White House)
- Is the Supreme Court Unsure About Birthright Citizenship? (The New Yorker)
- Supreme Court to Hear High-Stakes Birthright Citizenship Challenge (ACLU)
- Rep. Brian Babin’s Largest Donors (OpenSecrets)
