A joint resolution proposing an amendment to the Constitution of the United States to protect United States citizenship.
- Bill Number
- S.J.Res. 189
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-04-29: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-05-15T15:52:33Z
AI-Generated Summary
Summary of S.J. Res. 189
Purpose
This joint resolution proposes a constitutional amendment to clarify and restrict birthright citizenship under the 14th Amendment. Birthright citizenship means automatic U.S. citizenship for most people born on U.S. soil. The amendment aims to limit it to children born in the U.S. where at least one parent has specific legal ties to the country.
Key Provisions
- Section 1: Redefines "subject to the jurisdiction of the United States" (a key phrase in the 14th Amendment) only as described in Section 2.
- Section 2: A person born in the U.S. qualifies for birthright citizenship only if at least one parent is:
- A U.S. citizen or national.
- A lawful permanent resident (green card holder) living in the U.S.
- An immigrant with legal status serving actively in the U.S. Armed Forces.
- Section 3: Gives Congress authority to pass laws enforcing the amendment.
- The amendment becomes part of the Constitution if ratified by legislatures in three-fourths of states within seven years.
Significant Changes to Existing Law
- The 14th Amendment currently grants citizenship to those "born... in the United States, and subject to the jurisdiction thereof." Courts have interpreted this broadly (e.g., including children of undocumented immigrants, per the 1898 Supreme Court case United States v. Wong Kim Ark).
- This amendment narrows it: Children of two parents who lack the specified statuses (e.g., tourists, undocumented immigrants, or temporary visa holders not in the military) would not automatically become citizens, even if born in the U.S.
Potential Impacts
- Government agencies: U.S. Citizenship and Immigration Services (USCIS), State Department (for passports), and courts would need new processes to verify parental status at birth, increasing administrative workload.
- Citizens and residents: Limits automatic citizenship for some U.S.-born children, potentially affecting their rights to benefits, voting, and deportation protections. Could reduce "birth tourism" incentives.
- International relations: May strain ties with countries whose nationals give birth in the U.S., as it alters the U.S.'s strong jus soli (right of soil) citizenship tradition, differing from many nations' jus sanguinis (right of blood) approaches.
Main Stakeholders
- U.S.-born children of non-qualifying immigrant parents (e.g., undocumented families).
- Immigrant communities, including temporary workers and undocumented individuals.
- Federal agencies like USCIS, DHS, and the military.
- State governments involved in birth certificates and ratification.
- U.S. citizens and families of lawful residents or service members (largely unaffected or protected).
Notable Legal, Constitutional, or Political Implications
- Constitutional: Directly amends the 14th Amendment, requiring supermajority congressional approval and state ratification— a high bar rarely met (last in 1992).
- Legal: Overrides broad judicial interpretations of birthright citizenship; enables Congress to regulate via laws, potentially leading to litigation over enforcement.
- Political: Sparks debate on immigration policy; supporters see it as protecting citizenship from abuse, opponents view it as undermining equal protection principles. Neutral on passage likelihood, as it's referred to the Judiciary Committee.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2026-04-29: Read twice and referred to the Committee on the Judiciary.
- 2026-04-29: Introduced in Senate
Bill Versions
- Proposing an amendment to the Constitution of the United States to protect United States citizenship. — issued 2026-04-29 — PDF (2 pages)