What This Bill Does · Plain English
Summary · Congress.gov
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.
Action Timeline
2025-01-29
Read twice and referred to the Committee on the Judiciary.
2025-01-29
Introduced in Senate
Frequently Asked Questions
Did S.304 pass?
S.304 is still alive. Current stage: COMMITTEE. Pass likelihood: 37%.
What does S.304 do?
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…
Who sponsored S.304?
S.304 was sponsored by Lindsey Graham (R-South Carolina).
Full Bill Text
119 S304 IS: Birthright Citizenship Act of 2025 U.S. Senate 2025-01-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 119th CONGRESS 1st Session S. 304 IN THE SENATE OF THE UNITED STATES January 29, 2025 Mr. Graham (for himself, Mr. Cruz , and Mrs. Britt ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 301 of the Immigration and Nationality Act to clarify those classes of individuals born in the United States who are nationals and citizens of the United States at birth. 1. Short title This Act may be cited as the Birthright Citizenship Act of 2025 . 2. Citizenship at birth for certain persons born in the United States (a) In general Section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 ) is amended— (1) by inserting (a) In general.— before The following ; (2) by redesignating subsections (a) through (h) as paragraphs (1) through (8), respectively; and (3) by adding at the end the following: (b) Definition Acknowledging the right of birthright citizenship established by section 1 of the 14th amendment to the Constitution, a person born in the United States shall be considered ‘subject to the jurisdiction’ of the United States for purposes of subsection (a)(1) if the person is born in the United States of parents, one of whom is— (1) a citizen or national of the United States; (2) an alien lawfully admitted for permanent residence in the United States whose residence is in the United States; or (3) an alien in lawful status performing active service in the armed forces (as defined in section 101 of title 10, United States Code). . (b) Applicability The amendment made by subsection (a)(3) shall not be construed to affect the citizenship or nationality status of any person born before the date of the enactment of this Act.
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