Freshman Rep. John McGuire (R-Va.) introduced the Birthright Citizenship Clarification Act on Thursday, aiming to codify President Trump's executive order that limits birthright citizenship. The bill targets the jus soli principle, which grants citizenship to anyone born on U.S. soil.
The legislation would represent a dramatic shift in U.S. immigration and citizenship policy, potentially ending automatic citizenship for children of undocumented immigrants and noncitizens on temporary visas. If enacted, it could affect millions of future births and reshape the 14th Amendment's interpretation.
The move exposes deep partisan divides. Supporters argue the current interpretation of the 14th Amendment is a misinterpretation, while opponents contend it undermines a constitutional guarantee. Passage faces steep odds in the Senate, which requires 60 votes to overcome a filibuster.
Polls consistently show a majority of Americans oppose ending birthright citizenship, with a 2024 Gallup survey finding 60% of the public supporting the current system. The issue is expected to feature prominently in the 2026 midterm elections as both parties rally their bases.
Legal challenges to Trump's executive order are already working through the courts, and the Supreme Court recently ruled on a related procedural matter without addressing the constitutional core of the birthright citizenship issue.