[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 304 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 304
To amend section 301 of the Immigration and Nationality Act to clarify
those classes of individuals born in the United States who are
nationals and citizens of the United States at birth.
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IN THE SENATE OF THE UNITED STATES
January 29, 2025
Mr. Graham (for himself, Mr. Cruz, and Mrs. Britt) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
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A BILL
To amend section 301 of the Immigration and Nationality Act to clarify
those classes of individuals born in the United States who are
nationals and citizens of the United States at birth.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Birthright Citizenship Act of
2025''.
SEC. 2. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS BORN IN THE UNITED
STATES.
(a) In General.--Section 301 of the Immigration and Nationality Act
(8 U.S.C. 1401) is amended--
(1) by inserting ``(a) In General.--'' before ``The
following'';
(2) by redesignating subsections (a) through (h) as
paragraphs (1) through (8), respectively; and
(3) by adding at the end the following:
``(b) Definition.--Acknowledging the right of birthright
citizenship established by section 1 of the 14th amendment to the
Constitution, a person born in the United States shall be considered
`subject to the jurisdiction' of the United States for purposes of
subsection (a)(1) if the person is born in the United States of
parents, one of whom is--
``(1) a citizen or national of the United States;
``(2) an alien lawfully admitted for permanent residence in
the United States whose residence is in the United States; or
``(3) an alien in lawful status performing active service
in the armed forces (as defined in section 101 of title 10,
United States Code).''.
(b) Applicability.--The amendment made by subsection (a)(3) shall
not be construed to affect the citizenship or nationality status of any
person born before the date of the enactment of this Act.
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