Birthright Citizenship Act of 2025
Key claim: The Birthright Citizenship Act of 2025 would limit U.S. birthright citizenship to persons born to a U.S. citizen or national, a lawful permanent resident residing in the United States, or a non-citizen in lawful status performing active Armed Forces service.
Abstract
(S304 · 119th Congress) 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. Latest action (2025-01-29): Read twice and referred to the Committee on the Judiciary.
Why this matters
HR569 would, by statute, exclude U.S.-born children of undocumented immigrants and most temporary visa holders from automatic citizenship, reshaping who is recognized as a citizen at birth and creating potential statelessness or lengthy status disputes for affected children. Because the Supreme Court in Trump v. Barbara has held that such children are citizens under the Fourteenth Amendment, HR569’s practical effect depends on whether Congress can constitutionally redefine ‘subject to the jurisdiction thereof’ — a contested question with major consequences for immigrant families, mixed-status households, and administrative recordkeeping for births.