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HR9633119th Congress

Birthright Citizenship Clarification Act of 2026

Sponsored By: Representative McGuire, John J. [R-VA-5]

Introduced

Summary

Would end automatic birthright citizenship for many children born in the United States to noncitizen parents. It would amend the Immigration and Nationality Act to add five categories of people who would not be "subject to the jurisdiction" at birth, including children of foreign sovereigns and those born to parents unlawfully or temporarily present.

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  • Families with parents unlawfully present: Children whose mother is unlawfully present and whose father is not a U.S. citizen or lawful permanent resident would not be U.S. citizens at birth.
  • Families with temporary visa holders: Children whose mother is lawfully but temporarily present under the Visa Waiver Program or a nonimmigrant visa and whose father is not a U.S. citizen or lawful permanent resident would not be citizens at birth.
  • Historical exceptions, definitions, and timing: The bill would preserve long-standing exceptions for children of foreign sovereigns or ministers, those born on foreign public ships, and children born during hostile occupation. It would define key terms and would apply only to births on or after 30 days after enactment while preserving citizenship for earlier births.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 1 costs, 1 mixed.

Limits on birthright citizenship for children

If enacted, the bill would change who is a U.S. citizen at birth for babies born in the United States. The rule would apply only to people born on or after 30 days after enactment and would preserve citizenship for those born before that date. It would say a person born in the U.S. is not a citizen at birth if they are: a child of a foreign sovereign or diplomat; born on a foreign public ship; a child of an enemy during a hostile occupation; born to a mother unlawfully present when the father is not a U.S. citizen or lawful permanent resident; or born to a mother lawfully but temporarily present (for example, Visa Waiver or a nonimmigrant visa) when the father is not a U.S. citizen or lawful permanent resident. The bill would add definitions for terms like "lawful but temporary" and "unlawfully present."

Severability to protect other provisions

If enacted, the bill would include a severability clause. It would say that if any part is held invalid or unconstitutional, the rest of the bill would still stand. This would help keep other parts of the bill working if a court strikes one part.

Sponsors & CoSponsors

Sponsor

McGuire, John J. [R-VA-5]

VA • R

Cosponsors

  • Rep. Scott, Austin [R-GA-8]

    GA • R

    Sponsored 7/15/2026

  • Rep. Van Orden, Derrick [R-WI-3]

    WI • R

    Sponsored 7/16/2026

  • Rep. Meuser, Daniel [R-PA-9]

    PA • R

    Sponsored 7/20/2026

  • Rep. Moore, Tim [R-NC-14]

    NC • R

    Sponsored 7/20/2026

  • Rep. Onder, Robert F. [R-MO-3]

    MO • R

    Sponsored 10/1/2026

Roll Call Votes

No roll call votes available for this bill.

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