Proposing an amendment to the Constitution to protect American citizenship.
- Bill Number
- H.J.Res. 103
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-06-30: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-05-18T15:54:56Z
AI-Generated Summary
Purpose
This joint resolution (H.J. Res. 103) proposes a constitutional amendment to clarify and restrict the conditions under which a person born in the United States automatically becomes a U.S. citizen at birth. It aims to "protect American citizenship" by limiting birthright citizenship (automatic citizenship based on being born on U.S. soil) to cases where at least one parent has a specific legal connection to the United States.
Key Provisions
- Section 1: Defines "subject to the jurisdiction of the United States" (a phrase from the 14th Amendment) only as outlined in Section 2. This limits the scope of who qualifies for citizenship by birth.
- Section 2: A person born in the U.S. is considered "subject to the jurisdiction" (and thus eligible for citizenship) only if at least one parent is:
- A U.S. national (e.g., a citizen or someone owing permanent allegiance to the U.S.).
- An alien (non-citizen) lawfully admitted for permanent residence (a green card holder) who lives in the U.S.
- An alien with lawful immigration status serving actively in the U.S. Armed Forces.
- Section 3: Grants Congress the authority to pass laws to enforce this amendment.
- The amendment would take effect if ratified by three-fourths of state legislatures within seven years of submission.
Significant Changes to Existing Law
- The 14th Amendment to the U.S. Constitution (ratified in 1868) currently states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens." This has been interpreted broadly by courts (e.g., in the 1898 Supreme Court case United States v. Wong Kim Ark) to grant citizenship to nearly all children born on U.S. soil, regardless of parents' immigration status, except for children of foreign diplomats or invading forces.
- This proposal narrows that interpretation by requiring at least one parent to have U.S. nationality, permanent residency, or active military service with lawful status. It would exclude automatic citizenship for children of undocumented immigrants, temporary visa holders (e.g., tourists or students), or others without qualifying parental status, effectively ending broad birthright citizenship (often called jus soli, or "right of soil").
Potential Impacts
- On Government Agencies: Immigration agencies like U.S. Citizenship and Immigration Services (USCIS) and Customs and Border Protection (CBP) would need to verify parental status for birth certificates and citizenship claims, potentially increasing administrative workload and requiring new enforcement rules under congressional legislation.
- On Citizens: U.S.-born individuals whose parents do not meet the criteria would no longer automatically gain citizenship, possibly leading to statelessness (no citizenship in any country) or reliance on other paths to citizenship, affecting an estimated hundreds of thousands of births annually.
- On International Relations: Could strain ties with countries whose nationals give birth in the U.S. (e.g., via "birth tourism"), reduce incentives for illegal immigration, and prompt diplomatic discussions on dual citizenship or consular protections for affected children.
- Broader societal effects might include changes in demographics, family separations in immigration cases, and shifts in public services (e.g., education, healthcare) for non-citizen children.
Main Stakeholders Affected
- Immigrants and Their Families: Undocumented or temporary immigrants would lose automatic citizenship for their U.S.-born children, impacting family unity and legal rights.
- U.S.-Born Children: Those not qualifying under the new rules could face challenges in accessing citizenship benefits like voting, passports, or federal aid.
- U.S. Citizens and Nationals: Existing citizens unaffected, but the change could influence public debates on national identity and immigration policy.
- Congress and State Governments: Congress gains enforcement powers; states (via legislatures) must vote on ratification, and state agencies may handle implementation.
- Military Personnel: Active-duty service members with lawful status benefit, as their children would qualify regardless of other parental status.
Notable Legal, Constitutional, or Political Implications
- Constitutional: This would be the first amendment to directly alter the 14th Amendment's citizenship clause since its adoption, requiring a high bar for approval (two-thirds of Congress plus three-fourths of states). If ratified, it could face legal challenges on equal protection grounds (14th Amendment principle that laws must treat people fairly) or retroactivity (whether it applies to past births).
- Legal: Shifts citizenship determination from judicial interpretation to explicit constitutional text, potentially reducing court involvement but inviting lawsuits over terms like "national" or "lawful status." Congress's enforcement power could lead to new laws defining eligibility, raising due process concerns (fair legal procedures).
- Political: Sparks debate on immigration reform, with supporters viewing it as safeguarding citizenship from abuse and opponents seeing it as discriminatory against immigrant communities. As a proposed amendment introduced in the 119th Congress (2025-2026), its success depends on partisan support and state-level politics, historically rare for immigration-related changes.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-06-30: Referred to the House Committee on the Judiciary.
- 2025-06-30: Introduced in House
- 2025-06-30: Introduced in House
Bill Versions
- Proposing an amendment to the Constitution to protect American citizenship. — issued 2025-06-30 — PDF (2 pages)