A joint resolution proposing an amendment to the Constitution of the United States to protect United States citizenship.
- Sponsor
- Sen. Paul, Rand [R-KY]
- Committees
- Judiciary Committee (primary)
- Last action
- Apr 29, 2026
Bottom line
This joint resolution seeks to amend the Constitution to restrict birthright citizenship to children born in the U.S. whose parents have a specific legal status.
What it actually does
This joint resolution proposes a constitutional amendment to redefine the scope of birthright citizenship under the 14th Amendment. It specifies that a person born in the United States is only considered "subject to the jurisdiction of the United States" if at least one parent is a U.S. citizen or national, a lawful permanent resident, or an alien with lawful status serving in the Armed Forces. This would effectively prevent children born in the U.S. to parents who do not meet these criteria from automatically acquiring U.S. citizenship.
Proponents argue
Supporters argue this amendment would restore the original intent of the 14th Amendment, preventing children of undocumented immigrants or temporary visitors from automatically gaining U.S. citizenship. They contend it would strengthen national sovereignty, reduce incentives for illegal immigration, and align U.S. citizenship laws with those of many other developed nations.
Opponents contend
Opponents contend that this amendment would fundamentally alter a long-standing interpretation of the 14th Amendment, creating a class of stateless individuals born in the U.S. They argue it would be logistically complex to implement, potentially leading to significant social and legal challenges, and is contrary to American values of inclusion and equality.
The bill text is extremely short and easy to read, but its implications are profound and require extensive background knowledge to fully grasp.
Article--, Sections 1, 2, and 3
Redefining 'Subject to the Jurisdiction of the United States' for 14th Amendment Citizenship
This provision proposes to amend the Constitution to clarify the meaning of "subject to the jurisdiction of the United States" in the 14th Amendment's citizenship clause. It states that a person born in the U.S. is only considered "subject to the jurisdiction" if at least one parent is a U.S. citizen or national, a lawful permanent resident, or an alien with lawful status serving in the Armed Forces. This would mean that children born in the U.S. to parents who do not meet these criteria (e.g., undocumented immigrants, certain temporary visa holders) would not automatically acquire U.S. citizenship.
Supporters argue
Supporters argue this provision is necessary to close a perceived loophole in current immigration law, asserting that the original intent of the 14th Amendment was not to grant citizenship to children of those not fully integrated into U.S. society. They believe it would deter illegal immigration by removing a key incentive and allow the U.S. to control its borders and national identity more effectively.
Critics contend
Opponents argue this provision would create a permanent underclass of individuals born and raised in the U.S. but without citizenship, leading to significant human rights and social integration issues. They contend it would be a logistical nightmare to track and administer, potentially leading to discrimination and legal challenges, and would undermine the principle of equal protection under the law.
Tradeoffs
The provision seeks to balance national sovereignty and control over immigration with the historical interpretation of birthright citizenship and the potential for creating a marginalized population within the U.S. It pits arguments about national identity and immigration enforcement against concerns for human rights, social cohesion, and administrative feasibility.