HouseH.R. 9633119th Congress
Birthright Citizenship Clarification Act of 2026
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9633 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9633
To amend section 301 of the Immigration and Nationality Act to clarify
those classes of individuals born in the United States who are not
nationals or citizens of the United States at birth.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 9, 2026
Mr. McGuire introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend section 301 of the Immigration and Nationality Act to clarify
those classes of individuals born in the United States who are not
nationals or citizens of the United States at birth.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Birthright Citizenship Clarification
Act of 2026''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the phrase ``subject to the jurisdiction thereof'' in
section 1 of the 14th Amendment to the Constitution of the
United States reflects a principle of allegiance and obedience,
not mere geography;
(2) United States v. Wong Kim Ark, 169 U.S. 649 (1898),
involved a person born in the United States to alien parents
permanently domiciled and residing in the United States, and
described historical exceptions for children of foreign
sovereigns or their ministers, persons born on foreign public
ships, children of enemies within and during a hostile
occupation, and children of members of Indian Tribes;
(3) Congress later addressed the Indian Tribe exception
through the Indian Citizenship Act of 1924 and carried forward
the words ``born in the United States, and subject to the
jurisdiction thereof'' in the Nationality Act of 1940 and the
Immigration and Nationality Act of 1952, now codified at
section 301(a) of the Immigration and Nationality Act (8 U.S.C.
1401(a)); and
(4) Justice Kavanaugh, concurring in the judgment and
dissenting in part in Trump v. Barbara, concluded that
Executive Order 14160 conflicted with section 301(a), but
explained that Congress could establish exceptions for children
born to foreign citizens unlawfully or temporarily in the
country; this Act exercises that authority to clarify
citizenship at birth and deter birth tourism and visa
manipulation.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to preserve in Federal statutory law the historical
exceptions to citizenship at birth for children of foreign
sovereigns or their ministers, persons born on foreign public
ships, and children of enemies within and during a hostile
occupation of part of the territory of the United States;
(2) to amend section 301(a) of the Immigration and
Nationality Act (8 U.S.C. 1401(a)) in the manner identified by
Justice Kavanaugh by establishing statutory exceptions for
persons born in the United States to foreign citizens
unlawfully or temporarily present in the United States; and
(3) to define lawful but temporary presence by reference to
temporary presence categories reflected in Executive Order
14160, including the Visa Waiver Program and student, work,
tourist, and other nonimmigrant visas.
SEC. 4. CITIZENSHIP AT BIRTH CLARIFICATION.
(a) In General.--Section 1401(a) of title 8, United States Code, is
amended by striking the semicolon at the end and inserting the
following:
``: Provided, That a person born in the United States shall not be
considered born subject to the jurisdiction of the United States, and
shall not be a national or citizen of the United States at birth under
this subsection, if the person is described in subsection (i);''.
(b) Certain Persons Not Subject to Jurisdiction.--Section 1401 of
title 8, United States Code, is amended by adding at the end the
following:
``(i) Certain Persons Not Subject to the Jurisdiction of the United
States.--
``(1) Persons described.--For purposes of subsection (a), a
person born in the United States shall not be considered born
subject to the jurisdiction of the United States, and shall not
be a national or citizen of the United States at birth under
subsection (a), if, at the time of such person's birth--
``(A) the person is a child of a foreign sovereign
or a minister of a foreign sovereign;
``(B) the person is born on a foreign public ship;
``(C) the person is a child of an enemy within and
during a hostile occupation of any part of the
territory of the United States;
``(D) the person's mother is an alien who is
unlawfully present in the United States, and the
person's father is not, at the time of such person's
birth, a citizen or national of the United States or an
alien lawfully admitted for permanent residence; or
``(E) the person's mother is an alien whose
presence in the United States is lawful but temporary,
and the person's father is not, at the time of such
person's birth, a citizen or national of the United
States or an alien lawfully admitted for permanent
residence.
``(2) Definitions.--In this subsection:
``(A) The term `alien' has the meaning given such
term in section 101(a)(3).
``(B) The term `alien lawfully admitted for
permanent residence' has the meaning given such term in
section 101(a)(20).
``(C) The term `mother' means the immediate female
biological progenitor.
``(D) The term `father' means the immediate male
biological progenitor.
``(E) The term `foreign public ship' means a vessel
or aircraft owned, operated, or commanded by a foreign
sovereign and used exclusively for a sovereign, public,
noncommercial governmental purpose.
``(F) The term `hostile occupation' means the
actual hostile control of any part of the territory of
the United States by the Armed Forces, agents, or
instrumentalities of a foreign enemy during a war,
invasion, or armed attack against the United States.
``(G) The term `minister of a foreign sovereign'
means an ambassador, public minister, diplomatic agent,
or other official representative of a foreign sovereign
who is recognized by the United States and entitled to
diplomatic immunity under Federal law or treaty
obligation. For purposes of this subsection, the term
`foreign sovereign' means a foreign monarch, head of
state, head of government, or other sovereign authority
of a foreign state recognized by the United States.
``(H) The term `unlawfully present' means, with
respect to an alien, that the alien--
``(i) is present in the United States
without having been admitted or paroled;
``(ii) remains in the United States after
the expiration of the period of stay authorized
by the Secretary of Homeland Security or the
Attorney General;
``(iii) is present in the United States in
violation of the terms or conditions of
admission, parole, status, classification, or
other authorization to remain; or
``(iv) otherwise lacks lawful immigration
status under the immigration laws.
``(I) The term `lawful but temporary' means, with
respect to the presence of an alien in the United
States, presence that does not constitute lawful
admission for permanent residence and that is pursuant
to--
``(i) the Visa Waiver Program under section
217; or
``(ii) a nonimmigrant visa or nonimmigrant
classification under section 101(a)(15),
including a student, exchange, tourist,
business, work, temporary worker, crewman,
transit, treaty trader, treaty investor,
intracompany transferee, or other temporary
nonimmigrant visa or classification.''.
SEC. 5. EFFECTIVE DATE; PROSPECTIVE APPLICATION.
(a) Effective Date.--The amendments made by this Act shall apply to
persons born in the United States on or after the date that is 30 days
after the date of enactment of this Act.
(b) Prospective Application.--Nothing in this Act may be construed
to deny or impair citizenship or nationality at birth to any person
born before the date described in subsection (a).
SEC. 6. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional or otherwise invalid, the
remainder of this Act, the amendments made by this Act, and the
application of such provision or amendment to any other person or
circumstance shall not be affected.
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