This bill aims to amend the Immigration and Nationality Act to clarify which individuals born in the United States are not considered nationals or citizens at birth. It asserts that the 14th Amendment's "subject to the jurisdiction thereof" clause implies allegiance, not merely geography, and seeks to establish statutory exceptions to birthright citizenship. The legislation is intended to deter "birth tourism" and "visa manipulation" by exercising congressional authority to define citizenship at birth. The bill proposes to amend Section 301(a) of the Immigration and Nationality Act (8 U.S.C. 1401(a)) by adding specific exclusions. Under these amendments, a person born in the United States would not be considered a citizen at birth if their mother is an alien who is unlawfully present or whose presence is lawful but temporary , provided the father is not a U.S. citizen, national, or lawful permanent resident. This includes individuals present under the Visa Waiver Program or various nonimmigrant visas such as student, work, or tourist visas. Furthermore, the bill codifies historical exceptions, stating that children of foreign sovereigns or their ministers , those born on foreign public ships , or children of enemies within a hostile occupation of U.S. territory would also not be granted birthright citizenship. These changes would apply to persons born in the United States 30 days after the bill's enactment, without affecting the citizenship status of individuals born before that date.
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Timeline
Introduced in House
Referred to the House Committee on the Judiciary.
Introduced in House
Referred to the House Committee on the Judiciary.
Birthright Citizenship Clarification Act of 2026
USA119th CongressHR-9633| House
| Updated: 7/9/2026
This bill aims to amend the Immigration and Nationality Act to clarify which individuals born in the United States are not considered nationals or citizens at birth. It asserts that the 14th Amendment's "subject to the jurisdiction thereof" clause implies allegiance, not merely geography, and seeks to establish statutory exceptions to birthright citizenship. The legislation is intended to deter "birth tourism" and "visa manipulation" by exercising congressional authority to define citizenship at birth. The bill proposes to amend Section 301(a) of the Immigration and Nationality Act (8 U.S.C. 1401(a)) by adding specific exclusions. Under these amendments, a person born in the United States would not be considered a citizen at birth if their mother is an alien who is unlawfully present or whose presence is lawful but temporary , provided the father is not a U.S. citizen, national, or lawful permanent resident. This includes individuals present under the Visa Waiver Program or various nonimmigrant visas such as student, work, or tourist visas. Furthermore, the bill codifies historical exceptions, stating that children of foreign sovereigns or their ministers , those born on foreign public ships , or children of enemies within a hostile occupation of U.S. territory would also not be granted birthright citizenship. These changes would apply to persons born in the United States 30 days after the bill's enactment, without affecting the citizenship status of individuals born before that date.