Ending Birthright Citizenship in U.S. Territories Act
- Sponsor
- Sen. Lankford, James [R-OK]
- Committees
- Judiciary Committee (primary)
- Last action
- Sep 30, 2026
Bottom line
The bill aims to significantly alter birthright citizenship laws in U.S. territories based on the immigration status of parents, a move that would likely face substantial constitutional challenges.
What it actually does
This bill proposes to amend the Immigration and Nationality Act to restrict birthright citizenship for individuals born in U.S. territories. Specifically, it would deny U.S. citizenship at birth to children whose mothers are not lawfully present in the territory and whose fathers are neither U.S. citizens nor lawful permanent residents.
Proponents argue
Proponents argue that this bill addresses a perceived loophole in current immigration law, asserting that birthright citizenship should not automatically extend to children born to parents who lack a strong legal connection to the United States, particularly within its territories. They contend it aligns with a stricter interpretation of national sovereignty and could reduce incentives for unlawful presence.
Opponents contend
Opponents would likely argue that this bill is unconstitutional, directly challenging the long-standing interpretation of the 14th Amendment's Citizenship Clause, which has been understood to grant citizenship to nearly all persons born within U.S. jurisdiction. They would also raise concerns about creating a class of potentially stateless individuals and imposing significant administrative burdens.
The bill text is extremely short and can be read quickly, but its legal and constitutional implications are profound and require significant consideration.
Section 2, page 1, line 10
Limitation on Birthright Citizenship in U.S. Territories
This section amends Section 301(a) of the Immigration and Nationality Act to introduce a new condition for birthright citizenship in U.S. territories. It specifies that a person born in any U.S. territory will not automatically be a U.S. citizen at birth if their mother is not lawfully present in that territory and their father is not a United States citizen or lawful permanent resident. This directly modifies the existing definition of who is a national and citizen of the United States at birth.
Supporters argue
Supporters argue this provision clarifies and strengthens the intent of citizenship laws, preventing individuals who lack a strong legal connection to the U.S. from automatically conferring citizenship to their children born in territories. They may assert it addresses concerns about 'anchor babies' and helps control immigration.
Critics contend
Opponents contend this provision is unconstitutional, directly challenging the long-standing interpretation of the 14th Amendment's Citizenship Clause as applying to all persons born within U.S. jurisdiction, including territories. They argue it would create a marginalized population without clear legal status and could lead to significant legal battles.
Tradeoffs
The bill balances the desire for stricter immigration enforcement and a more restrictive view of birthright citizenship against constitutional interpretations, humanitarian concerns about statelessness, and the administrative complexities of creating a new class of non-citizen residents in U.S. territories.