This bill aims to clarify who is not a U.S. national or citizen at birth, despite being born within the United States, by amending the Immigration and Nationality Act. Congress asserts that birthright citizenship, while based on the 14th Amendment's jus soli principle, is limited by the common law doctrine of "allegiance and obedience," which historically excludes children of foreign diplomats or enemy troops. The legislation's purpose is to codify these existing exceptions and clarify that other categories of disloyal or disobedient aliens are also subject to such exclusions. The bill specifically amends Section 301(a) of the Immigration and Nationality Act to state that a person born in the United States will not be considered subject to U.S. jurisdiction if their alien parents are unlawfully present in the United States. This exclusion also applies if the parents are present for diplomatic purposes or are engaged in a hostile occupation or operation within the United States. This change would significantly alter the criteria for birthright citizenship for these specific groups.
Constitutional Citizenship Clarification Act of 2025
USA119th CongressHR-4741| House
| Updated: 7/23/2025
This bill aims to clarify who is not a U.S. national or citizen at birth, despite being born within the United States, by amending the Immigration and Nationality Act. Congress asserts that birthright citizenship, while based on the 14th Amendment's jus soli principle, is limited by the common law doctrine of "allegiance and obedience," which historically excludes children of foreign diplomats or enemy troops. The legislation's purpose is to codify these existing exceptions and clarify that other categories of disloyal or disobedient aliens are also subject to such exclusions. The bill specifically amends Section 301(a) of the Immigration and Nationality Act to state that a person born in the United States will not be considered subject to U.S. jurisdiction if their alien parents are unlawfully present in the United States. This exclusion also applies if the parents are present for diplomatic purposes or are engaged in a hostile occupation or operation within the United States. This change would significantly alter the criteria for birthright citizenship for these specific groups.