Born in the USA Act of 2025
- Bill Number
- H.R. 3368
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-05-13: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-07-01T08:08:06Z
AI-Generated Summary
Purpose of the Legislation
The "Born in the USA Act of 2025" (H.R. 3368) aims to prevent the use of federal money to implement Executive Order 14160, which seeks to limit birthright citizenship for certain children born in the United States. The bill argues that this executive order violates the U.S. Constitution's 14th Amendment, which guarantees citizenship to those born on U.S. soil (known as jus soli or birthright citizenship).
Key Provisions
- Findings Section: The bill outlines Congress's view that Executive Order 14160 is unconstitutional. It references:
- The 14th Amendment's clear language on citizenship for those born in the U.S. and subject to its laws.
- The 1898 Supreme Court case United States v. Wong Kim Ark, which ruled that children born in the U.S. to non-citizen parents (who are legal residents) are citizens.
- Recent federal court rulings against the executive order.
- The idea that birthright citizenship is protected by the Constitution and federal immigration law (specifically, the Immigration and Nationality Act), and cannot be altered by presidential order or even congressional action.
- Funding Prohibition: No federal funds can be used to carry out Executive Order 14160 or any similar future orders, rules, or policies that attempt to restrict birthright citizenship.
Significant Changes to Existing Law
- This bill does not directly amend existing laws like the 14th Amendment or the Immigration and Nationality Act. Instead, it introduces a funding restriction to block enforcement of the executive order.
- It reinforces current interpretations of birthright citizenship by defunding actions that contradict them, effectively nullifying the executive order's practical impact without repealing it outright.
Potential Impacts
- On Government Agencies: Federal departments (e.g., Department of Homeland Security or State Department) would be unable to spend money on implementing the order, halting any related policies, paperwork, or enforcement efforts.
- On Citizens: Protects U.S.-born children of non-citizen parents (including undocumented immigrants) from losing automatic citizenship status, ensuring access to rights like passports, voting, and public benefits.
- On International Relations: Could signal U.S. commitment to constitutional protections for immigrants' children, potentially affecting diplomatic ties with countries whose nationals give birth in the U.S. (a practice sometimes called "birth tourism").
- No direct economic or broad societal impacts are specified, but it may reduce administrative costs tied to disputed citizenship claims.
Main Stakeholders Affected
- U.S.-Born Children of Immigrants: Primary beneficiaries, as their citizenship rights are safeguarded.
- Immigrant Families and Communities: Especially those from non-citizen backgrounds, including legal residents and undocumented individuals.
- Federal Government Agencies: Involved in immigration and citizenship processes, such as issuing birth certificates or passports.
- Advocacy Groups and Lawmakers: Supporters include a large group of Democratic House members (over 100 cosponsors listed), who focus on civil rights and immigration reform; opponents might include those favoring stricter immigration controls.
Notable Legal, Constitutional, or Political Implications
- Legal/Constitutional: Challenges executive overreach by using Congress's power of the purse (control over funding) to enforce constitutional limits on the president. It upholds the Wong Kim Ark precedent, affirming that birthright citizenship applies broadly except in rare cases (e.g., children of foreign diplomats). If passed, it could lead to court battles over funding restrictions versus executive authority.
- Political: Highlights partisan divides on immigration, with the bill introduced by progressive Democrats in response to a hypothetical Trump administration policy. It positions Congress as a check on the executive branch, potentially influencing future debates on citizenship reform without amending the Constitution (which would require a difficult two-thirds vote in Congress and state ratification).
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Ramirez, Delia C. [D-IL-3]
Cosponsors (139)
Rep. Espaillat, Adriano [D-NY-13], Rep. Meng, Grace [D-NY-6], Rep. Clarke, Yvette D. [D-NY-9], Rep. Raskin, Jamie [D-MD-8], Rep. Tran, Derek [D-CA-45], Rep. Krishnamoorthi, Raja [D-IL-8], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Vargas, Juan [D-CA-52], Rep. Thanedar, Shri [D-MI-13], Rep. Tlaib, Rashida [D-MI-12], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Crockett, Jasmine [D-TX-30], Rep. Ocasio-Cortez, Alexandria [D-NY-14], Rep. Sánchez, Linda T. [D-CA-38], Rep. Balint, Becca [D-VT-At Large], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Dean, Madeleine [D-PA-4], Rep. Williams, Nikema [D-GA-5], Rep. Carson, André [D-IN-7], Rep. Simon, Lateefah [D-CA-12], Rep. McGovern, James P. [D-MA-2], Rep. Garcia, Sylvia R. [D-TX-29], Rep. Torres, Ritchie [D-NY-15], Rep. Jackson, Jonathan L. [D-IL-1], Rep. Velázquez, Nydia M. [D-NY-7], Rep. Scanlon, Mary Gay [D-PA-5], Rep. Cherfilus-McCormick, Sheila [D-FL-20], Rep. Ansari, Yassamin [D-AZ-3], Rep. Garcia, Robert [D-CA-42], Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. Goldman, Daniel S. [D-NY-10], Rep. Frost, Maxwell [D-FL-10], Rep. Tonko, Paul [D-NY-20], Rep. Soto, Darren [D-FL-9], Rep. Min, Dave [D-CA-47], Rep. Pocan, Mark [D-WI-2], Rep. Thompson, Bennie G. [D-MS-2], Rep. Salinas, Andrea [D-OR-6], Rep. Kamlager-Dove, Sydney [D-CA-37], Rep. McIver, LaMonica [D-NJ-10], Rep. Jayapal, Pramila [D-WA-7], Rep. Titus, Dina [D-NV-1], Rep. Omar, Ilhan [D-MN-5], Rep. Amo, Gabe [D-RI-1], Rep. Garamendi, John [D-CA-8], Rep. McBride, Sarah [D-DE-At Large], Rep. Barragán, Nanette Diaz [D-CA-44], Rep. Lynch, Stephen F. [D-MA-8], Rep. Craig, Angie [D-MN-2], Rep. Lee, Summer L. [D-PA-12] and 89 more
Recent Actions
- 2025-05-13: Referred to the House Committee on the Judiciary.
- 2025-05-13: Introduced in House
- 2025-05-13: Introduced in House
Bill Versions
- Born in the USA Act of 2025 — issued 2025-05-13 — PDF (4 pages)