II
119THCONGRESS
1
STSESSION S. 304
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 SENATE OF THE UNITED STATES
JANUARY29, 2025
Mr. G
RAHAM(for himself, Mr. CRUZ, and Mrs. BRITT) introduced the fol-
lowing bill; which was read twice and referred to the Committee on the
Judiciary
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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Birthright Citizenship 4
Act of 2025’’. 5
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•S 304 IS
SEC. 2. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS 1
BORN IN THE UNITED STATES. 2
(a) I
NGENERAL.—Section 301 of the Immigration 3
and Nationality Act (8 U.S.C. 1401) is amended— 4
(1) by inserting ‘‘(a) I
NGENERAL.—’’ before 5
‘‘The following’’; 6
(2) by redesignating subsections (a) through (h) 7
as paragraphs (1) through (8), respectively; and 8
(3) by adding at the end the following: 9
‘‘(b) D
EFINITION.—Acknowledging the right of birth-10
right citizenship established by section 1 of the 14th 11
amendment to the Constitution, a person born in the 12
United States shall be considered ‘subject to the jurisdic-13
tion’ of the United States for purposes of subsection (a)(1) 14
if the person is born in the United States of parents, one 15
of whom is— 16
‘‘(1) a citizen or national of the United States; 17
‘‘(2) an alien lawfully admitted for permanent 18
residence in the United States whose residence is in 19
the United States; or 20
‘‘(3) an alien in lawful status performing active 21
service in the armed forces (as defined in section 22
101 of title 10, United States Code).’’. 23
(b) A
PPLICABILITY.—The amendment made by sub-24
section (a)(3) shall not be construed to affect the citizen-25
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•S 304 IS
ship or nationality status of any person born before the 1
date of the enactment of this Act. 2
Æ
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