HJRES172-119

What This Bill Does

This joint resolution would change constitutional citizenship rules for people born in the United States. It says a U.S.-born person is subject to U.S. jurisdiction only if at least one parent is a U.S. citizen or national, a lawful permanent resident whose residence is in the United States, or a lawful-status noncitizen performing active service in the Armed Forces. Congress would have enforcement authority. The result would be a major narrowing of birthright citizenship compared with current Fourteenth Amendment practice.

Who Benefits and How

Birthright citizenship restriction advocates benefit because the amendment puts their jurisdiction test into constitutional text. Federal immigration agencies benefit from congressional authority to write implementing rules if the amendment is ratified. State vital records offices benefit from a defined parent-status test if Congress supplies implementing legislation. Military families with lawful-status service members benefit because active service is included as a qualifying parent category.

Who Bears the Burden and How

U.S.-born children of nonqualifying parents may be excluded from automatic citizenship. Hospitals registering births must collect or route more parent-status information if implementing legislation requires it. State birth-record agencies must administer new documentation rules for citizenship determinations. Immigration attorneys must litigate disputes over parent status, jurisdiction, and retroactivity.

Key Provisions

• Narrows Fourteenth Amendment jurisdiction for U.S.-born children to specified parent-status categories.
• Includes U.S. citizens, nationals, lawful permanent residents, and lawful-status active-duty service members as qualifying parents.
• Authorizes Congress to carry out the citizenship article through legislation.
• Requires state ratification before the birthright citizenship rule can take effect.