Proposing an amendment to the Constitution to protect American citizenship.
H.J. Res. 103 is a joint resolution proposing a new constitutional amendment to redefine the phrase “subject to the jurisdiction of the United States” as used in the Fourteenth Amendment. The amendment would set specific conditions under which a person born in the United States would be considered subject to U.S. jurisdiction, and therefore eligible for birthright citizenship. Specifically, a person born in the U.S. would only be treated as subject to U.S. jurisdiction if one of their parents is (1) a national of the United States, (2) a lawful permanent resident living in the United States, or (3) an alien with lawful status who is serving on active duty in the Armed Forces. Congress would have power to implement the amendment through legislation. The proposal would require ratification by three-fourths of the states within seven years to become part of the Constitution. In practical terms, if adopted, this would narrow birthright citizenship by tying it to parental status rather than automatically conferring citizenship to all individuals born in the United States. The change could affect many children born in the U.S. to parents who do not meet the listed criteria and would rely on future implementing legislation to define and enforce the policy. As a constitutional amendment, it would be a major and controversial shift that could face legal challenges and significant policy debates.