Constitutional Citizenship Clarification Act of 2025

The Constitutional Citizenship Clarification Act of 2025 would narrow what constitutes birthright citizenship by amending the Immigration and Nationality Act. Specifically, it would specify that a person born in the United States is not considered subject to U.S. jurisdiction at birth if the child’s alien parents fall into one of three categories: (1) unlawfully present in the United States, (2) present in the United States for diplomatic purposes, or (3) engaged in a hostile occupation or hostile operation in the United States. The bill also articulates Congress’s view that the 14th Amendment’s birthright citizenship is rooted in jus soli (right of the soil) but should be limited in line with long-standing common-law exceptions for ambassadors, invaders, and other disloyal or disobedient actors. The short title is the “Constitutional Citizenship Clarification Act of 2025,” and the measure includes a “Sense of Congress” section clarifying these principles and the intended scope of the exception. In short, if enacted, the bill would remove birthright citizenship at birth for certain children born in the United States whose parents are unlawfully present, in the country for diplomatic reasons, or actively engaged in hostile activity, and it would codify related common-law exceptions to birthright citizenship.