Republicans in the House of Representatives unveiled legislation on January 23 to narrow the scope of the "birthright citizenship" rule, aligning with an executive order recently signed by President Donald Trump.
The proposed bill, H.R. 569, seeks to amend the federal Immigration and Nationality Act. Under the bill, citizenship would only be granted to children born in the U.S. if at least one parent is a U.S. citizen, holds a green card, or is a lawful immigrant serving in the U.S. military.
The bill does not extend citizenship to children born to parents with temporary lawful immigration statuses, such as work or student visas.
“This legislation is about protecting the integrity of U.S. citizenship, which is foundational to our nation’s identity,” said Rep. Brian Babin (R-TX), who sponsored the bill.
Challenging the 14th Amendment
The move comes shortly after President Trump signed an executive order rescinding automatic citizenship for children born on U.S. soil. The order blocks federal agencies from issuing passports, citizenship certificates, or other legal documents to children whose mothers are in the U.S. illegally or temporarily, and whose fathers are neither U.S. citizens nor permanent residents.
While the executive order does not require congressional approval, it faces immediate legal challenges. On January 23, Judge John Coughenour in Washington issued a temporary 14-day injunction halting its enforcement, calling the order “likely unconstitutional.”
The proposed bill and Trump’s executive order both confront the 14th Amendment, ratified in 1868, which states:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
The amendment originally aimed to ensure citizenship rights for the children of enslaved individuals brought to the U.S. against their will. Over time, it has been interpreted to confer automatic citizenship on all children born in the U.S., regardless of their parents' immigration status, including children of undocumented immigrants or those on temporary visas.
A Push for Supreme Court Review
Rep. Babin expressed confidence despite the legal challenges. "We welcome these challenges to force this issue to the Supreme Court," he said, adding that it could take up to three years for the case to reach the nation’s highest court.
For years, Trump and his allies have criticized birthright citizenship as a "ridiculous policy," arguing it incentivizes illegal immigration and “birth tourism.”
Impact of Proposed Changes
If passed, H.R. 569 and Trump’s executive order would drastically reshape citizenship laws in the U.S., potentially stripping citizenship from millions of children. An estimated 5.5 million children in the U.S. have at least one parent who is undocumented, and 1.8 million of these children were born in the U.S. to undocumented parents.
The bill's sponsors argue that the current policy has been widely abused and undermines the integrity of U.S. citizenship. Opponents warn it risks violating constitutional protections and would create legal uncertainty for millions of families.
(Sources: Missouri Independent, AP, USA Today)
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