What legislation related to birthright citizenship was introduced in the 119th Congress and what are their texts?
Executive summary
Three distinct clusters of birthright-citizenship legislation were filed in the 119th Congress: mirror House and Senate bills titled the Birthright Citizenship Act of 2025 that would amend immigration statute to define who is “subject to the jurisdiction” of the United States (H.R.569 and S.304) [1] [2]; companion “Born in the USA Act” measures in both chambers that affirm birthright citizenship as untouchable by executive order or statute and explicitly reject the January 20, 2025 executive order referenced in their text (H.R.3368 and S.646) [3] [4]; and paired House and Senate “Constitutional Citizenship Clarification Act of 2025” bills that include a Sense of Congress framing arguing some children (including of “illegal aliens” and certain hostile actors) should be excluded from jus soli (H.R.4741 and S.2274) [5] [6].
1. The Birthright Citizenship Act of 2025 (H.R.569 in the House, S.304 in the Senate): what the bills would change
Both the House bill H.R.569 and the Senate companion S.304 are short statutory amendments that would alter section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) to clarify which persons born in the United States are citizens at birth by inserting an explicit definition of “subject to the jurisdiction” tied to parental status (they reformat subsection (a) and add a definitional subsection) [1] [2]. The bills’ texts on Congress.gov show the operative approach is statutory clarification—changing wording in 8 U.S.C. 1401 and adding an applicability provision preserving status for those born before enactment—rather than a constitutional amendment [1] [2]. The full statutory text for each bill is available on Congress.gov at the linked bill pages [1] [2].
2. The Born in the USA Act (H.R.3368 and S.646): defensive, declaratory measures in response to an executive order
H.R.3368 in the House and S.646 in the Senate take the opposite tack: they assert that birthright citizenship is guaranteed by the Constitution and federal law and therefore “cannot be rescinded by Executive order or by an Act of Congress,” and they explicitly reference and condemn Executive Order 14160 issued January 20, 2025 (both texts call the order unconstitutional) [3] [4]. The bills’ passages unambiguously frame birthright citizenship as a legal ceiling that federal agencies and Congress may not lawfully alter, and those texts are posted in full on Congress.gov [4] [3].
3. The Constitutional Citizenship Clarification Act of 2025 (H.R.4741 and S.2274): Sense of Congress and exclusions
The paired Constitutional Citizenship Clarification Act bills include a “Sense of Congress” section that traces birthright citizenship to jus soli and the common-law principle of allegiance, cites Supreme Court recognition that children of foreign diplomats or occupying enemy troops are excluded, and argues by analogy that children of foreign spies, saboteurs, terrorists, or “illegal aliens” ought not to be entitled to birthright citizenship [5] [6]. That language is framed as Congressional findings and policy rationale within the bills’ texts on Congress.gov [5] [6]; readers should consult those texts for the exact statutory amendments proposed, as the Sense of Congress sections provide the bills’ reasoning rather than the sole operative statutory language.
4. Where to read the full texts and limits of available reporting
Congress.gov hosts the full bill texts for H.R.569, S.304, H.R.3368, S.646, H.R.4741, and S.2274, and those pages include the precise statutory amendments, sense clauses, and editorial structure cited above [1] [2] [4] [3] [5] [6]. The sources provided contain representative quoted lines—such as the proposed insertion of a definition of “subject to the jurisdiction” in INA section 301 and the declaratory sentence that birthright citizenship “cannot be rescinded by Executive order or by an Act of Congress”—but do not require reproducing every line of statutory text here; for definitive legal wording, the official Congress.gov bill text pages are the primary references [1] [2] [4] [3] [5] [6]. Reporting included here does not adjudicate constitutional questions about whether Congress could implement the H.R./S. birthright amendments without a constitutional amendment; those constitutional analyses are outside the scope of the bill texts themselves and are not resolved in the provided sources [1] [2] [4].