Text: H.R.133 — 110th Congress (2007-2008)All Information (Except Text)

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Introduced in House (01/04/2007)


110th CONGRESS
1st Session
H. R. 133


To amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of parents who are not citizens or permanent resident aliens.


IN THE HOUSE OF REPRESENTATIVES

January 4, 2007

Mr. Gallegly introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of parents who are not citizens or permanent resident aliens.

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 “Citizenship Reform Act of 2007”.

SEC. 2. Purpose.

It is the purpose of this Act to deny automatic citizenship at birth to children born in the United States to parents who are not citizens or permanent resident aliens.

SEC. 3. Denying citizenship at birth for children of non-citizen, non-permanent resident aliens.

(a) In General.—Section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) is amended by inserting after subsection (c) the following new subsection:

“(d) For purposes of section 301(a), a person born in the United States shall be considered as ‘subject to the jurisdiction of the United States’ if—

“(1) the child was born in wedlock in the United States to a parent who is—

“(A) a citizen or national of the United States; or

“(B) an alien lawfully admitted for permanent residence in the United States who maintains his or her residence (as defined in subsection (a)(33)) in the United States; or

“(2) the child was born out of wedlock in the United States—

“(A) to a mother who is—

“(i) a citizen or national of the United States; or

“(ii) an alien lawfully admitted for permanent residence in the United States who maintains her residence (as defined in subsection (a)(33)) in the United States; or

“(B) to a father who is a citizen or national of the United States, or an alien lawfully admitted for permanent residence in the United States who maintains his residence (as defined in subsection (a)(33)) in the United States, but only if—

“(i) a blood relationship between the father and the child is established by clear and convincing evidence;

“(ii) the father had the nationality of the United States or was a permanent resident of the United States at the time of the child's birth;

“(iii) the father (unless deceased) has agreed in writing to provide financial support for the child until the child reaches18 years of age; and

“(iv) while the child is under 18 years of age—

“(I) the father acknowledges paternity of the child in writing under oath; or

“(II) the paternity of the child is established by adjudication of a competent court.

For purposes of this subsection, a child is considered to be ‘born in wedlock’ only if both parents are married to each other and parents are not considered to be married if such marriage is only a common law marriage.”.

(b) Conforming Amendment.—Section 301 of such Act (8 U.S.C. 1401) is amended by inserting “(as defined in section 101(d))” after “subject to the jurisdiction thereof”.

(c) Effective Date.—The amendments made by this section shall apply to aliens born on or after the date of the enactment of this Act.


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