A Republican member of the U.S. House of Representatives has introduced the Birthright Citizenship Clarification Act, a bill designed to turn President Donald Trump's executive order on birthright citizenship into federal statute. The Hill first reported the introduction.

The move targets one of the most contested questions in U.S. immigration policy: who qualifies for automatic citizenship at birth on American soil. The proposed legislation seeks to codify the executive order Trump signed at the start of his term, titled "Protecting the Meaning and Value of American Citizenship," which the president signed on January 20, 2025, with an effective date of February 19, 2025.

What the executive order would change

Under the executive order the bill seeks to write into law, federal agencies would not recognize U.S. citizenship for children born in the United States after February 19, 2025, unless at least one parent is a U.S. citizen or lawful permanent resident, or is actively serving in the U.S. military.

That standard departs from long-standing practice. For more than a century, the United States has applied birthright citizenship under the Fourteenth Amendment, ratified in 1868, whose Citizenship Clause states that all persons born in the United States and subject to its jurisdiction are citizens. Successive administrations, Republican and Democratic alike, have interpreted that clause to cover nearly all children born on U.S. territory.

If enacted, the Birthright Citizenship Clarification Act would place Congress, not the executive branch, behind the new definition. Supporters of the approach argue that legislation would give the policy a firmer legal foundation than an executive order, which a future president could revoke with a signature.

Who is affected

The population directly affected consists of children born in the United States to parents who are neither citizens nor green-card holders. This includes children of temporary visa holders — tourists, students, and guest workers — as well as children of undocumented parents. Under the order's terms, these newborns would not receive citizenship documents, passports, or other proof of U.S. nationality.

The practical consequences reach beyond a birth certificate. Citizenship unlocks passport eligibility, the right to sponsor relatives for immigration later in life, voting rights, and access to certain public benefits. Families whose children lose automatic citizenship would need to rely on other pathways, such as derivative status through a parent's visa, which typically expires when the parent's status does.

The legal fight already underway

The bill lands in the middle of an active courtroom battle. Multiple federal courts blocked the executive order shortly after Trump signed it, ruling that it likely conflicts with the Fourteenth Amendment. Judges in several jurisdictions issued nationwide injunctions preventing the government from implementing the policy while litigation proceeds. The Supreme Court subsequently took up questions related to the scope of those injunctions.

Opponents of the order, including state attorneys general and immigrant-rights organizations, argue that changing the meaning of the Citizenship Clause requires a constitutional amendment, not an executive order or even an ordinary statute. The bill's sponsors counter that Congress has authority under the amendment's jurisdiction language to define who is "subject to the jurisdiction" of the United States.

Legal scholars remain divided on that question. The Supreme Court's 1898 decision in United States v. Wong Kim Ark affirmed citizenship for a child born in San Francisco to Chinese parents who were barred from naturalizing, a ruling opponents of the order cite as controlling precedent.

What happens next

The bill now heads to the House Judiciary Committee, which handles immigration legislation. To become law, it must pass the House and Senate and receive the president's signature. Given the narrow Republican majorities in both chambers, Senate passage would likely require 60 votes to overcome a filibuster, meaning some Democratic support would be necessary.

Even if Congress approves the bill, litigation over its constitutionality would almost certainly follow, since the same Fourteenth Amendment objections raised against the executive order would apply to a statute.

For now, birthright citizenship remains in place under current court orders. Parents of children born in the United States should monitor announcements from U.S. Citizenship and Immigration Services (USCIS) and the State Department, the agencies that would administer any change. Official guidance is available at uscis.gov and travel.state.gov.

Passport File will continue to track the bill's progress through Congress and the parallel court cases that will determine whether the policy ever takes effect.