Govwatch

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5584 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5584

To amend section 301 of the Immigration and Nationality Act to clarify 
 the meaning of the Citizenship Clause of the Fourteenth Amendment to 
     the Constitution of the United States, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2026

  Mr. Schmitt introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend section 301 of the Immigration and Nationality Act to clarify 
 the meaning of the Citizenship Clause of the Fourteenth Amendment to 
     the Constitution of the United States, and for other purposes.

    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 ``Restoring American Citizenship Act 
of 2026''.

SEC. 2. BIRTHRIGHT CITIZENSHIP ACCORDING TO THE CONSTITUTION OF THE 
              UNITED STATES.

    (a) In General.--Section 301(a) of the Immigration and Nationality 
Act (8 U.S.C. 1401(a)) is amended to read as follows:
    ``(a) a person born in the United States and not subject to any 
foreign power:  Provided, That
            ``(1) a person born in the United States shall be deemed 
        subject to a foreign power if neither parent of such person is 
        a United States citizen or has been lawfully admitted for 
        permanent residence at the time of such person's birth; and
            ``(2) a person shall be deemed born outside, not in, the 
        United States if both parents of such person are applicants for 
        admission under section 235(a)(1);''.
    (b) Applicability.--The amendment made by subsection (a) may not be 
construed to affect the citizenship or nationality status of any person 
who was born before the date of the enactment of this Act.
    (c) Severability.--If any provision of this Act, an amendment made 
by this Act, or the application of such a provision or amendment to any 
particular person or circumstance is held to be unconstitutional, the 
remaining provisions of this Act and amendments made by this Act, and 
the application of such provisions and amendments to any other person 
or circumstance, shall not be affected.
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Restoring American Citizenship Act of 2026

Full Text
