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S. 646·119th Congress·Introduced Feb 20, 2025

Born in the USA Act

IntroducedImmigrationMajor
View bill text
Sponsor
Sen. Rosen, Jacky [D-NV]
Committees
Judiciary Committee (primary)
Last action
Feb 20, 2025

Bottom line

This bill aims to nullify the practical effect of Executive Order 14160 by cutting off its funding, thereby defending birthright citizenship as established by the 14th Amendment and Supreme Court precedent.

What it actually does

This bill prohibits any federal funds from being used to implement Executive Order 14160, or any successor executive order, regulation, or policy that seeks to deny birthright citizenship. It asserts that Executive Order 14160 is unconstitutional, citing the 14th Amendment and Supreme Court precedent, and aims to prevent its practical enforcement by cutting off its funding.

Proponents argue

Proponents argue that Executive Order 14160 is a clear violation of the 14th Amendment and established Supreme Court precedent (United States v. Wong Kim Ark). They contend that birthright citizenship is a fundamental constitutional right that cannot be unilaterally rescinded by an executive order or even an Act of Congress, and this bill is necessary to uphold the Constitution and protect the meaning and value of American citizenship.

Opponents contend

Opponents of this bill (and proponents of EO 14160) would argue that the executive order was a necessary step to address what they perceive as an expansive interpretation of the 14th Amendment, particularly concerning children born to undocumented immigrants. They might contend that the phrase "subject to the jurisdiction thereof" in the 14th Amendment was not intended to grant automatic citizenship in all cases, and that the executive branch has the authority to interpret and enforce immigration laws more strictly.

The bill is exceptionally short and clear, allowing for a quick and comprehensive understanding of its purpose.

Section 3

Prohibition on Funding Executive Order 14160

prominently featuredstraightforward

This section explicitly forbids any federal funds from being used to implement Executive Order 14160, or any similar future executive order, regulation, or policy. This effectively defunds and thereby prevents the enforcement of any executive action that seeks to deny birthright citizenship to children born in the United States.

GroupImpactMechanismScale
GroupFederal departments and agenciesImpactRestricted from using funds for Executive Order 14160.MechanismStatutory prohibition on appropriations.ScaleAffects all federal operations related to citizenship recognition.
GroupChildren born in the United States to non-citizen parentsImpactEnsures their birthright citizenship is recognized.MechanismPrevents implementation of policies that would deny their citizenship.ScaleBroad, affecting all such children.

Supporters argue

Supporters argue this provision is a direct and necessary response to an unconstitutional executive order. By cutting off funding, it prevents the executive branch from implementing a policy that directly contradicts the 14th Amendment and Supreme Court precedent, thereby safeguarding a fundamental constitutional right.

Critics contend

Opponents (those who support Executive Order 14160) would argue that this provision unduly restricts executive authority to interpret and enforce immigration laws. They might contend that it prevents the government from addressing what they perceive as loopholes in citizenship law and undermines efforts to control immigration.

Tradeoffs

The provision navigates the tension between executive power to issue orders and Congress's power of the purse, specifically in the context of constitutional interpretation regarding birthright citizenship. It also highlights the ongoing debate about the scope of the 14th Amendment.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

On this page

  • Executive summary
  • Key provisions
  • Follow the money
  • Critical analysis
  • Questions to ask
  • Implementation
  • Political analysis
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