HR 4741
Constitutional Citizenship Clarification Act of 2025
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Bill overview
This bill clarifies the definition of U.S. citizenship at birth by specifying certain categories of individuals born in the United States who are not automatically considered U.S. nationals or citizens. It builds upon existing legal interpretations regarding allegiance and obedience, particularly concerning the children of foreign diplomats, enemy troops, spies, and those engaged in hostile activities. The bill aims to codify these exceptions into law, ensuring a clearer understanding of who is entitled to birthright citizenship.
Key provisions
- Codifies exceptions to birthright citizenship based on allegiance and obedience.
- Specifically excludes children of foreign diplomats from being considered U.S. citizens at birth.
- Excludes children of enemy troops, spies, saboteurs, terrorists, and hostile actors from being considered U.S. citizens at birth.
- Excludes children born to illegal aliens from being considered U.S. citizens at birth.
- Amends Section 301 of the Immigration and Nationality Act to reflect these exclusions.
Who is affected
- Immigrants
- Foreign nationals
- U.S. Citizenship and Immigration Services (USCIS)
- The Department of Justice
- Individuals born in the United States
Notable changes
- Clarifies the legal basis for denying birthright citizenship to certain children born in the U.S.
- Expands upon existing Supreme Court interpretations regarding allegiance and obedience.
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119th CONGRESS — 1st Session
H. R. 4741
IN THE HOUSE OF REPRESENTATIVES
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 not nationals or citizens of the United States at birth.
This Act may be cited as the Constitutional Citizenship Clarification Act of 2025
.
It is the sense of Congress that—
the soil, but ligeantia and obedientia that make the subject borna citizen;
the Supreme Court of the United States has long recognized that, under the principle of allegiance and obedience, the children of foreign diplomats or enemy troops born on United States soil are not entitled to birthright citizenship; and
The purposes of this Act are—
Section 301(a) of the Immigration and Nationality Act (8 U.S.C. 1401(a)) is amended by striking the semicolon at the end and inserting the following:
unlawfully present in the United States;
present in the United States for diplomatic purposes; or
engaged in a hostile occupation of, or a hostile operation in, the United States;