This legislation aims to clarify the classes of individuals born in the United States who are not considered nationals or citizens at birth, based on the principle that birthright citizenship is limited by allegiance and obedience. Congress asserts that the Supreme Court has recognized exceptions for children of foreign diplomats or enemy troops, and this principle should extend to children of foreign spies, saboteurs, terrorists, hostile actors, and illegal aliens. The bill proposes to amend Section 301(a) of the Immigration and Nationality Act to codify and expand these common law exceptions. Under the proposed amendment, a person born in the United States would not be considered subject to U.S. jurisdiction for citizenship if their alien parents are unlawfully present , present for diplomatic purposes , or engaged in a hostile occupation or operation in the United States.
Constitutional Citizenship Clarification Act of 2025
USA119th CongressS-2274| Senate
| Updated: 7/15/2025
This legislation aims to clarify the classes of individuals born in the United States who are not considered nationals or citizens at birth, based on the principle that birthright citizenship is limited by allegiance and obedience. Congress asserts that the Supreme Court has recognized exceptions for children of foreign diplomats or enemy troops, and this principle should extend to children of foreign spies, saboteurs, terrorists, hostile actors, and illegal aliens. The bill proposes to amend Section 301(a) of the Immigration and Nationality Act to codify and expand these common law exceptions. Under the proposed amendment, a person born in the United States would not be considered subject to U.S. jurisdiction for citizenship if their alien parents are unlawfully present , present for diplomatic purposes , or engaged in a hostile occupation or operation in the United States.