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One Pager - Constitutional Citizenship Clarification Act

The Constitutional Citizenship Clarification Act would enshrine in statute the Supreme Court's exceptions to birthright citizenship. It would clarify that under the 14th Amendment, children born in the US to illegal immigrants, foreign terrorists, or foreign spies are not entitled to birthright citizenship. The bill aims to address issues around birthright citizenship and national security.

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0% found this document useful (0 votes)
181 views1 page

One Pager - Constitutional Citizenship Clarification Act

The Constitutional Citizenship Clarification Act would enshrine in statute the Supreme Court's exceptions to birthright citizenship. It would clarify that under the 14th Amendment, children born in the US to illegal immigrants, foreign terrorists, or foreign spies are not entitled to birthright citizenship. The bill aims to address issues around birthright citizenship and national security.

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Constitutional Citizenship Clarification Act

The “Constitutional Citizenship Clarification Act” will enshrine in statute the Supreme
Court’s “ambassadors and invaders” exceptions to birthright citizenship, and also clarify
that, under the constitutional principles identified by the Court, the children of illegal
immigrants, foreign terrorists, and foreign spies are not entitled to birthright citizenship.

Background: The Biden administration’s immigration policies have been characterized as “an inducement”
for illegal immigrants to enter the United States and take advantage of birthright citizenship. Under President
Biden, illegal immigration is at an all-time high. Compared to citizens and legal immigrants, a disproportionate
percentage of illegal immigrants are of child-bearing age, and the Biden administration has placed a high
priority on providing legal protections and government benefits for young adult illegals. Biden has also ordered
ICE not to enforce immigration laws against pregnant “individuals,” allowing an illegal immigrant to stay in
the United States until her child is born and granted birthright citizenship.

The children of enemy spies have also been granted citizenship under our flawed birthright citizenship
practices. For example, the real-life spy network that inspired the TV show The Americans involved Russian
couples who bore and raised children in the U.S. as part of their “middle-class family” undercover personas.

The Supreme Court has repeatedly held that birthright citizenship is based on the common law “doctrine of
allegiance,” and that only those who are “protected” by and “obedient” to the United States are “subject to the
jurisdiction thereof” under the Citizenship Clause of the Fourteenth Amendment. Under this logic, the Court
has concluded that “ambassadors, invaders, and Indians” are excluded from birthright citizenship. Illegal
immigrants, foreign terrorists, and foreign spies are not protected by or obedient to the United States, so they
can also be constitutionally excluded from birthright citizenship.

What the bill does:

• Amends § 301 of the Immigration and Nationality Act, which currently mirrors the Fourteenth
Amendment’s “subject to the jurisdiction” language without including constitutional exceptions.
o The bill clarifies that “a person born in the United States shall not be considered subject to the
jurisdiction of the United States if the person is born of alien parents who are—
“(1) unlawfully present in the United States;
“(2) present in the United States for diplomatic purposes; or
“(3) engaged in a hostile occupation of, or a hostile operation in, the United States.”

• Improves on previous GOP bills regarding birthright citizenship.


o During the past eleven congressional sessions, House Republicans have introduced bills stating that
“a person born in the United States shall be considered ‘subject to the jurisdiction of the United
States’ if” at least one of the child’s parents is an “alien lawfully admitted for permanent residence.”
All of these bills died in committee. Even if one of these bills had passed, it probably would not
have changed the status quo. The Supreme Court has interpreted the phrase “shall be considered” to
be exemplary, not exhaustive. A textualist judge might interpret the House GOP bills as a simple
clarification that children of lawful permanent residents are entitled to birthright citizenship, not as
a ban on birthright citizenship for children of illegal immigrants.
CONTACT: Gage Raley (Gage_Raley@cotton.senate.gov) and Madison Erstine (Madison_Erstine@cotton.senate.gov)

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