Proposing an amendment to the Constitution of the United States to protect United States citizenship.
- Bill Number
- H.J.Res. 172
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-05-04: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-07-03T08:06:31Z
AI-Generated Summary
Purpose
This joint resolution (H.J. Res. 172) proposes a constitutional amendment to narrow the definition of who qualifies for automatic U.S. citizenship at birth under the 14th Amendment. It aims to limit birthright citizenship (jus soli, or "right of soil") to children born in the U.S. whose parents meet specific legal status requirements, addressing interpretations that currently grant citizenship more broadly.
Key Provisions
- Section 1: Restricts the phrase "subject to the jurisdiction of the United States" (from the 14th Amendment) to the rules in Section 2.
- Section 2: A person born in the U.S. is "subject to the jurisdiction" only if at least one parent is:
- A U.S. citizen or national (national includes certain territories' residents).
- An alien (non-citizen) lawfully admitted for permanent residence (green card holder) living in the U.S.
- An alien with lawful immigration status serving actively in the U.S. Armed Forces.
- Section 3: Grants Congress authority to pass laws enforcing the amendment.
- Ratification requires approval by legislatures in three-fourths of states within seven years.
Significant Changes to Existing Law
- The 14th Amendment currently states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens." Courts have interpreted this to provide birthright citizenship to nearly all born on U.S. soil (exceptions: children of foreign diplomats or invading forces).
- This amendment explicitly excludes children of undocumented immigrants, most temporary visa holders (e.g., tourists, students), and others without the specified parental status, overriding broad judicial interpretations like in United States v. Wong Kim Ark (1898).
Potential Impacts
- Citizens: Millions of U.S.-born individuals (past and future) could lose or be denied automatic citizenship if parents do not qualify, affecting rights like voting, passports, and benefits.
- Government agencies: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS), State Department, and vital records offices would need new processes to verify parental status at birth, increasing administrative burdens.
- Immigrants and families: Could lead to "stateless" children or family separations; impacts chain migration (citizens sponsoring relatives).
- International relations: May strain ties with countries whose nationals give birth in the U.S., potentially reducing "birth tourism."
Main Stakeholders Affected
- U.S.-born children of non-qualifying parents (e.g., undocumented or temporary visa holders).
- Immigrants and their families, especially undocumented and low-status workers.
- Federal agencies (USCIS, DHS, military) handling citizenship and immigration.
- States ratifying or implementing changes to birth certificates and services.
- U.S. citizens/nationals and lawful permanent residents (green card holders), whose children are protected.
Notable Legal, Constitutional, or Political Implications
- Constitutional: As an amendment, it would permanently alter the 14th Amendment without needing court approval; empowers Congress for enforcement laws.
- Legal: Challenges likely on retroactivity (past births), due process, and equal protection; could prompt Supreme Court review.
- Political: Highly debated on immigration; requires supermajorities (two-thirds of Congress, three-fourths of states), signaling deep partisan divides. If ratified, shifts policy from broad birthright to partial parent-based citizenship (jus sanguinis, "right of blood").
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (5)
Rep. Gill, Brandon [R-TX-26], Rep. Moore, Barry [R-AL-1], Rep. Tiffany, Thomas P. [R-WI-7], Rep. Clyde, Andrew S. [R-GA-9], Rep. Norman, Ralph [R-SC-5]
Recent Actions
- 2026-05-04: Referred to the House Committee on the Judiciary.
- 2026-05-04: Introduced in House
- 2026-05-04: Introduced in House
Bill Versions
- Proposing an amendment to the Constitution of the United States to protect United States citizenship. — issued 2026-05-04 — PDF (2 pages)