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HR 3368119th CongressIn Committee

Born in the USA Act of 2025

Introduced: May 13, 2025
Immigration
Standard Summary
Comprehensive overview in 1-2 paragraphs

The Born in the USA Act of 2025 (H.R. 3368) would block any use of federal funds to implement President Trump’s Executive Order 14160, which the bill describes as an attempt to limit recognition of citizenship for some children born in the United States. The measure frames birthright citizenship as guaranteed by the Constitution’s 14th Amendment and by federal law (the Immigration and Nationality Act). It cites historical Supreme Court rulings, including Wong Kim Ark, to support the view that citizenship by birth is a fundamental right that cannot be rescinded by executive action or by Congress. In short, the bill tries to ensure that the federal government continues to recognize birthright citizenship by prohibiting funding for the referenced executive order and any successor policies.

Key Points

  • 1Short title: The act is titled the “Born in the USA Act of 2025.”
  • 2Findings: The bill asserts EO 14160 is unconstitutional, references the 14th Amendment and Wong Kim Ark to affirm birthright citizenship, and states that citizenship by birth cannot be revoked by executive action or Congress.
  • 3Funding prohibition: It prohibits all federal funds from being appropriated or made available to carry out EO 14160 or any future equivalent order, regulation, or policy.
  • 4Scope: The funding prohibition covers the implementation or enforcement of the executive order and any successor policies.
  • 5Background/legal framing: The bill presents a constitutional and statutory basis for preserving birthright citizenship and argues that it cannot be rescinded through executive action.

Impact Areas

Primary group/area affected: Individuals born in the United States (birthright citizens) and their families, as well as federal agencies that administer citizenship policies (e.g., DHS/USCIS) by restricting the ability to implement changes proposed by EO 14160.Secondary group/area affected: Federal agencies and the executive branch, which would be constrained in using funds to carry out the referenced order; policymakers and civil rights advocates engaged in citizenship and immigration issues.Additional impacts: Possible legal and political implications, including challenges to the administration’s authority to alter citizenship policy via executive orders, and potential budgetary adjustments as agencies reallocate funds to comply with the prohibition. The bill does not change existing birthright citizenship law itself beyond tying funding to the prohibition, so current statutory guarantees under the 14th Amendment and the INA would remain the basis for citizenship.
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