S. 304: Birthright Citizenship Act of 2025

This bill, titled the Birthright Citizenship Act of 2025, proposes amendments to the Immigration and Nationality Act regarding the citizenship status of individuals born in the United States. The main objectives of the bill are as follows:

Citizenship Criteria

The bill clarifies the definition of who is considered a U.S. citizen at birth. It specifies that a person born in the United States will be deemed 'subject to the jurisdiction' of the U.S. if at least one of their parents meets one of the following criteria:

• A citizen or national of the United States
• An alien lawfully admitted for permanent residence in the U.S. and currently residing in the U.S.
• An alien in lawful status who is actively serving in the armed forces of the United States

Constitutional Basis

The bill acknowledges the right of birthright citizenship as established by the 14th Amendment to the U.S. Constitution but sets limitations based on parental status.

Impact on Existing Citizenship

The bill specifies that the changes proposed should not affect the citizenship or nationality status of any individual born in the U.S. before the enactment of this legislation. This ensures that people born before the law takes effect retain their citizenship rights.

Legislative Process

The bill is currently in the Senate and was introduced by Senator Lindsey Graham along with co-sponsors Senators Ted Cruz and Katie Britt. It had its first reading and was referred to the Senate Judiciary Committee for further consideration.

Implementation Timeline

If passed, the bill would take effect upon enactment, but it will not retroactively affect the citizenship of individuals born prior to its enactment.

Overall Summary

In summary, the Birthright Citizenship Act of 2025 seeks to modify the criteria for birthright citizenship in the U.S. by tying citizenship status to the legal status of parents at the time of birth, while preserving the citizenship of individuals already born.

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