Congressional Push to Restrict Birthright Citizenship Intensifies After Supreme Court Ruling

On Thursday, freshman Representative John McGuire III (R-Va.) introduced the Birthright Citizenship Clarification Act. The bill seeks to amend 8 U.S.C. § 1401(a) so that a child born in the United States would not automatically acquire citizenship if the mother is unlawfully present and the father is not a citizen, or if the mother has only temporary lawful status and the father lacks citizenship. It also excludes children born on foreign vessels and children of foreign government officials.

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President Donald Trump’s executive order aimed to limit birthright citizenship by overturning the jus soli principle. The Supreme Court recently held the order unconstitutional, ruling that the issue is a constitutional matter that would require a constitutional amendment to change. The Court’s decision reaffirmed the Fourteenth Amendment’s current interpretation, which grants citizenship to anyone born on U.S. soil and “subject to the jurisdiction thereof.”

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• Sen. Lindsey Graham (R-S.C.) introduced the Birthright Citizenship Act, redefining “subject to the jurisdiction” in the Fourteenth Amendment.

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• Rep. Brian Babin (R-Tex.) introduced a House counterpart to Graham’s proposal.

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• Sen. Bernie Moreno (R-Ohio) reintroduced legislation that would eliminate birthright citizenship and criminalize voting by non-citizens in federal elections.

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• Sen. Rand Paul (R-Ky.) and Sen. Eric Schmitt (R-Mo.) advocate a constitutional amendment requiring at least one parent to be a U.S. citizen, lawful permanent resident, or military member.

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• Sen. John Thune (R-S.D.) and House Speaker Mike Johnson (R-La.) are navigating intra-party disagreements over the feasibility of any measure.

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Immigration experts and GOP leaders acknowledge that passage is unlikely before the 2024 elections. Mark Krikorian, executive director of the Center for Immigration Studies, described the bills as “political messaging” rather than viable legislation. House Republicans appear more optimistic about a floor vote, while Senate leaders cite insufficient support for the 60-vote threshold needed for most proposals and the two-thirds supermajority required for a constitutional amendment.

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• John McGuire III emphasized that citizenship is “a privilege, and an honor that must be protected.”

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• Fred McGrath, president of the Institute for Legislative Analysis, expressed confidence that the House bill would survive constitutional scrutiny.

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• Ryan McGowan, CEO of the Institute, argued that the legislation follows Justice Brett Kavanaugh’s guidance and avoids the “political reality” of a constitutional amendment.

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• Mike Lawler (R-N.Y.) warned that “birth tourism” cannot be solved by executive fiat and urged congressional action.

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• Elvira Salazar (R-Fla.) praised the Supreme Court’s decision, stating the Constitution is clear and must be respected.

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Some Republicans, including Sen. John Cornyn (R-Tex.), voiced skepticism about securing the necessary votes. Chris Chmielenski, president of the Immigration Accountability Project, noted the difficulty of mustering a simple majority in the Senate, especially given competing priorities such as the SAVE America Act and defense authorization bills. Moderate senators Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska) remain uncertain about supporting any restriction.

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Analysts differ on the likelihood of passage: Krikorian predicts the bills will not reach the president’s desk, while Graham and Paul assert that congressional authority under Article I provides a viable path. No concrete timetable for floor votes or a constitutional amendment process has been disclosed.

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• “American citizenship is a privilege, and an honor that must be protected,” — John McGuire III, Representative

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• “Calls to fix this crisis through a constitutional amendment do not acknowledge political reality,” Ryan McGowan, CEO of the Institute for Legislative Analysis, said in a statement sent to The Hill.” — Ryan McGowan, CEO, Institute for Legislative Analysis

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• “I don’t think anything’s going to actually reach the president’s desk,” — Mark Krikorian, Executive Director, Center for Immigration Studies

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• “The Supreme Court has spoken on birthright citizenship, and I agree with the Court’s decision,” — Elvira Salazar, Representative

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• “The Supreme Court’s decision underscores something I have said for years: the 14th Amendment was never intended to grant automatic citizenship to children born to parents who are in this country illegally,” — Rand Paul, Senator

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• “There’s likely support among House Republicans to get something across the finish line, there may be some arm twisting,” — Chris Chmielenski, President, Immigration Accountability Project

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