HR 9633
Birthright Citizenship Clarification Act of 2026
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Bill overview
The Birthright Citizenship Clarification Act of 2026 aims to clarify the rules surrounding citizenship at birth in the United States. It specifically addresses potential exceptions to the general rule that a person born in the U.S. is automatically a U.S. citizen, outlining circumstances where a child born to foreign citizens may not be considered a U.S. national or citizen at birth. The bill seeks to align with recent legal interpretations and establish statutory exceptions for specific situations, including those involving foreign sovereigns, public ships, hostile occupations, and temporary presence of alien mothers.
Key provisions
- Establishes statutory exceptions for children born to foreign sovereigns or their ministers.
- Creates an exception for children born on foreign public ships.
- Includes an exception for children born during a hostile occupation of U.S. territory.
- Defines ‘lawful but temporary presence’ based on categories like the Visa Waiver Program and nonimmigrant visas.
- Clarifies that a person born in the United States is not automatically a national or citizen if their mother is unlawfully present and their father is not a U.S. citizen or permanent resident.
- Defines terms related to unlawful presence and lawful but temporary presence.
- Specifies definitions for key terms such as ‘alien,’ ‘alien lawfully admitted for permanent residence,’ ‘mother,’ and ‘father.’
Who is affected
- Individuals born in the United States
- Foreign citizens and their children
- Immigration attorneys and legal professionals
Sponsors
Official sponsors from legislative records.
Primary sponsor
John J. McGuire
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119th CONGRESS — 2d Session
H. R. 9633
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 Birthright Citizenship Clarification Act of 2026
.
It is the sense of Congress that—
the phrase subject to the jurisdiction thereof
in section 1 of the 14th Amendment to the Constitution of the United States reflects a principle of allegiance and obedience, not mere geography;
United States v. Wong Kim Ark, 169 U.S. 649 (1898), involved a person born in the United States to alien parents permanently domiciled and residing in the United States, and described historical exceptions for children of foreign sovereigns or their ministers, persons born on foreign public ships, children of enemies within and during a hostile occupation, and children of members of Indian Tribes;
Congress later addressed the Indian Tribe exception through the Indian Citizenship Act of 1924 and carried forward the words born in the United States, and subject to the jurisdiction thereof
in the Nationality Act of 1940 and the Immigration and Nationality Act of 1952, now codified at section 301(a) of the Immigration and Nationality Act (8 U.S.C. 1401(a)); and
The purposes of this Act are—
to preserve in Federal statutory law the historical exceptions to citizenship at birth for children of foreign sovereigns or their ministers, persons born on foreign public ships, and children of enemies within and during a hostile occupation of part of the territory of the United States;
to amend section 301(a) of the Immigration and Nationality Act (8 U.S.C. 1401(a)) in the manner identified by Justice Kavanaugh by establishing statutory exceptions for persons born in the United States to foreign citizens unlawfully or temporarily present in the United States; and
to define lawful but temporary presence by reference to temporary presence categories reflected in Executive Order 14160, including the Visa Waiver Program and student, work, tourist, and other nonimmigrant visas.
Section 1401(a) of title 8, United States Code, is amended by striking the semicolon at the end and inserting the following:
: Provided, That a person born in the United States shall not be considered born subject to the jurisdiction of the United States, and shall not be a national or citizen of the United States at birth under this subsection, if the person is described in subsection (i);
.Section 1401 of title 8, United States Code, is amended by adding at the end the following:
For purposes of subsection (a), a person born in the United States shall not be considered born subject to the jurisdiction of the United States, and shall not be a national or citizen of the United States at birth under subsection (a), if, at the time of such person’s birth—
the person is a child of a foreign sovereign or a minister of a foreign sovereign;
the person is born on a foreign public ship;
the person is a child of an enemy within and during a hostile occupation of any part of the territory of the United States;
the person’s mother is an alien who is unlawfully present in the United States, and the person’s father is not, at the time of such person’s birth, a citizen or national of the United States or an alien lawfully admitted for permanent residence; or
the person’s mother is an alien whose presence in the United States is lawful but temporary, and the person’s father is not, at the time of such person’s birth, a citizen or national of the United States or an alien lawfully admitted for permanent residence.
In this subsection:
The term alien
has the meaning given such term in section 101(a)(3).
The term alien lawfully admitted for permanent residence
has the meaning given such term in section 101(a)(20).
The term mother
means the immediate female biological progenitor.
The term father
means the immediate male biological progenitor.
The term foreign public ship
means a vessel or aircraft owned, operated, or commanded by a foreign sovereign and used exclusively for a sovereign, public, noncommercial governmental purpose.
The term hostile occupation
means the actual hostile control of any part of the territory of the United States by the Armed Forces, agents, or instrumentalities of a foreign enemy during a war, invasion, or armed attack against the United States.
The term minister of a foreign sovereign
means an ambassador, public minister, diplomatic agent, or other official representative of a foreign sovereign who is recognized by the United States and entitled to diplomatic immunity under Federal law or treaty obligation. For purposes of this subsection, the term foreign sovereign
means a foreign monarch, head of state, head of government, or other sovereign authority of a foreign state recognized by the United States.
The term unlawfully present
means, with respect to an alien, that the alien—
is present in the United States without having been admitted or paroled;
remains in the United States after the expiration of the period of stay authorized by the Secretary of Homeland Security or the Attorney General;
is present in the United States in violation of the terms or conditions of admission, parole, status, classification, or other authorization to remain; or
otherwise lacks lawful immigration status under the immigration laws.
The term lawful but temporary
means, with respect to the presence of an alien in the United States, presence that does not constitute lawful admission for permanent residence and that is pursuant to—
the Visa Waiver Program under section 217; or
a nonimmigrant visa or nonimmigrant classification under section 101(a)(15), including a student, exchange, tourist, business, work, temporary worker, crewman, transit, treaty trader, treaty investor, intracompany transferee, or other temporary nonimmigrant visa or classification.
The amendments made by this Act shall apply to persons born in the United States on or after the date that is 30 days after the date of enactment of this Act.
Nothing in this Act may be construed to deny or impair citizenship or nationality at birth to any person born before the date described in subsection (a).
If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional or otherwise invalid, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any other person or circumstance shall not be affected.