Birthright CLAIM Act of 2026

This bill proposes to amend the Immigration and Nationality Act by introducing new limitations on birthright citizenship. It specifies that a person born in the United States will not be considered a citizen at birth if both parents are not citizens or nationals of the United States, and at least one parent is either unlawfully present or present in a lawful status other than lawful permanent residency. This provision aims to restrict automatic citizenship for children born to certain non-citizen parents within U.S. borders. Additionally, the bill establishes a new requirement for paternity verification for children born in the U.S. to mothers who are not lawfully present, where citizenship is claimed through a U.S. national or lawful permanent resident father. Such children would not be considered citizens until biological paternity is confirmed through a DNA test, the cost of which must be borne by the parents or legal guardians. Until this verification is complete, no federal agency may issue documents like passports or social security numbers premised on the child's U.S. citizenship. The bill also tightens the residency requirements for U.S. citizen parents to confer citizenship on children born outside the United States.