Birthright Citizenship Act of 2021

Birthright Citizenship Act of 2021

This bill limits birthright citizenship by redefining what it means to be subject to the jurisdiction of the United States.

Currently, a person born in the United States and subject to U.S. jurisdiction is entitled to citizenship. Under the bill, a person is subject to U.S. jurisdiction if he or she is born to a parent who is (1) a U.S. citizen or national, (2) a lawful permanent resident residing in the United States, or (3) an alien performing active service in the Armed Forces.

The bill does not affect the citizenship or nationality status of any person born before the bill's enactment date.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 140 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 140

To amend section 301 of the Immigration and Nationality Act to clarify 
    those classes of individuals born in the United States who are 
         nationals and citizens of the United States at birth.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2021

  Mr. Babin introduced the following bill; which was referred to the 
                       Committee on the Judiciary

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                                 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 
         nationals and citizens of the United States at birth.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Birthright Citizenship Act of 
2021''.

SEC. 2. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS BORN IN THE UNITED 
              STATES.

    (a) In General.--Section 301 of the Immigration and Nationality Act 
(8 U.S.C. 1401) is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        following'';
            (2) by redesignating subsections (a) through (h) as 
        paragraphs (1) through (8), respectively; and
            (3) by adding at the end the following:
    ``(b) Definition.--Acknowledging the right of birthright 
citizenship established by section 1 of the 14th amendment to the 
Constitution, a person born in the United States shall be considered 
`subject to the jurisdiction' of the United States for purposes of 
subsection (a)(1) if the person is born in the United States of 
parents, one of whom is--
            ``(1) a citizen or national of the United States;
            ``(2) an alien lawfully admitted for permanent residence in 
        the United States whose residence is in the United States; or
            ``(3) an alien performing active service in the armed 
        forces (as defined in section 101 of title 10, United States 
        Code).''.
    (b) Applicability.--The amendment made by subsection (a)(3) shall 
not be construed to affect the citizenship or nationality status of any 
person born before the date of the enactment of this Act.
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