II
119THCONGRESS
1
STSESSION S. 646
To prohibit the use of funds to carry out Executive Order 14160.
IN THE SENATE OF THE UNITED STATES
FEBRUARY20, 2025
Ms. R
OSEN(for herself, Mr. DURBIN, Mr. SCHATZ, Mr. PADILLA, Mr. VAN
H
OLLEN, Mr. BLUMENTHAL, Ms. CORTEZMASTO, Mrs. SHAHEEN, Mr.
B
OOKER, Mr. WELCH, and Mr. MERKLEY) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
A BILL
To prohibit the use of funds to carry out Executive Order
14160.
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 ‘‘Born in the USA Act’’. 4
SEC. 2. FINDINGS. 5
Congress makes the following findings: 6
(1) On January 20, 2025, President Trump 7
issued the flagrantly and clearly unconstitutional 8
Executive Order 14160 (90 Fed. Reg. 8449), enti-9
tled ‘‘Protecting the Meaning and Value of American 10
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•S 646 IS
Citizenship’’, to prohibit the departments and agen-1
cies of the United States Government from recog-2
nizing the citizenship of certain children born in the 3
United States. 4
(2) The 14th Amendment to the Constitution of 5
the United States unambiguously states: ‘‘All per-6
sons born or naturalized in the United States, and 7
subject to the jurisdiction thereof, are citizens of the 8
United States and of the State wherein they re-9
side.’’. 10
(3) In 1898, the Supreme Court of the United 11
States issued a decision United States v. Wong Kim 12
Ark, 169 U.S. 649 (1898) interpreting the birth-13
right citizenship clause of the 14th Amendment to 14
the Constitution of the United States. 15
(4) In United States v. Wong Kim Ark, 169 16
U.S. 649 (1898), the Supreme Court of the United 17
States concludes that— 18
(A) ‘‘[t]he Fourteenth Amendment affirms 19
the ancient and fundamental rule of citizenship 20
by birth within the territory, in the allegiance 21
and under the protection of the country, includ-22
ing all children here born of resident aliens’’; 23
and 24
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(B) ‘‘[i]t can hardly be denied that an 1
alien is completely subject to the political juris-2
diction of the country in which he resides. . .it 3
is well known that, by the public law, an alien, 4
or a stranger born, for so long a time as he 5
continues within the dominions of a foreign gov-6
ernment, owes obedience to the laws of that 7
government’’. 8
(5) Federal courts around the country have 9
weighed in against the constitutionality of Executive 10
Order 14160 (90 Fed. Reg. 8449). 11
(6) Birthright citizenship is a right guaranteed 12
by the Constitution of the United States and further 13
enshrined in Federal law in title III of the Immigra-14
tion and Nationality Act (8 U.S.C. 1401 et seq.); 15
therefore, birthright citizenship cannot be rescinded 16
by executive order or by an Act of Congress. 17
SEC. 3. PROHIBITION ON USE OF FUNDS. 18
No funds may be appropriated or otherwise made 19
available to carry out Executive Order 14160 (90 Fed. 20
Reg. 8449; relating to protecting the meaning and value 21
of American citizenship) (or any successor executive order, 22
regulation, or policy). 23
Æ
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