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HR9662119th Congress

Birthright CLAIM Act of 2026

Sponsored By: Representative Steube, W. Gregory [R-FL-17]

Introduced

Summary

Limits birthright citizenship by narrowing which U.S.-born children automatically count as citizens and by adding mandatory DNA paternity checks for some claims tied to a father’s status. This measure would also raise the residence thresholds used for citizenship claims connected to parents’ foreign residence.

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  • Children and families: A person born in the United States would not be a citizen at birth if both parents are not U.S. citizens or nationals and at least one parent was unlawfully present or in a non-lawful-permanent-resident status at the time of birth. This changes who can claim automatic citizenship.
  • Parents and documentation: If a mother is not lawfully present and citizenship is claimed through a U.S. national or lawful permanent resident father, a DNA test from a Health and Human Services accredited lab would be required before issuing passports, certificates of citizenship, Social Security numbers, or similar documents. Parents or guardians would pay for the test.
  • Residence-linked claims: For claims tied to parental residence abroad, the bill would raise the required residence to a total of 10 years, with at least 4 years after age 14 and 3 years in the 5 years immediately before the birth, tightening eligibility standards.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 3 costs, 0 mixed.

Higher residence test for parents abroad

If enacted, parents of a child born outside the United States would need qualifying U.S. residence totaling at least 10 years to transmit citizenship. At least 4 of those years must be after the parent turned 14. At least 3 of those years must fall in the five years immediately before the child's birth. This replaces the prior shorter residence test with a stricter numeric threshold.

Limits birthright citizenship for some newborns

If enacted, a person born in the United States would not be considered a U.S. citizen at birth if both parents were not U.S. citizens or nationals and at least one parent was unlawfully present or was present in a lawful status other than lawful permanent residence at the time of birth. That change would remove automatic birthright citizenship for children who meet those conditions. Affected children would lose automatic access to citizenship-based documents and benefits unless they later qualify in another way.

Mandatory DNA paternity test for citizenship

If enacted, a U.S.-born child whose mother was not lawfully present would not be treated as a citizen at birth based on the father until DNA paternity is proven. The bill would require a DNA test done by an HHS‑accredited lab in coordination with DHS. Parents or guardians would pay for the test. No passport, certificate of citizenship, Social Security number, or other citizenship document would be issued until paternity is verified by DNA.

Sponsors & CoSponsors

Sponsor

Steube, W. Gregory [R-FL-17]

FL • R

Cosponsors

  • Rep. Bice, Stephanie I. [R-OK-5]

    OK • R

    Sponsored 7/14/2026

  • Rep. Norman, Ralph [R-SC-5]

    SC • R

    Sponsored 7/14/2026

  • Rep. Burchett, Tim [R-TN-2]

    TN • R

    Sponsored 7/14/2026

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
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