What votes (dates and tallies) have occurred on the Born in America Act in the House and Senate by December 2025?
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Executive summary
Available reporting shows multiple viral claims that a “Born in America” or “Born in the USA” bill authored by Sen. John Kennedy passed the Senate by a 51–49 margin with a vice‑presidential tiebreaker and forced immediate resignations; fact‑checkers and Congressional records in the provided sources contradict or do not corroborate that account (for example, Snopes documents the viral claim [1] and a separate fact check says the bill “never advanced to a vote” [2]). Congress.gov entries exist for related bills titled “Born in the USA Act” (S.646, H.R.3368) but the provided sources do not supply official roll‑call dates and tallies showing passage in either chamber by December 2025 [3] [4].
1. Viral narrative vs. official record: a mismatch emerges
Multiple social posts and partisan outlets promoted a dramatic story that Sen. John Kennedy’s “Born in America” legislation passed the Senate 51–49 with the vice president casting a tie‑breaking vote and immediately disqualifying naturalized or dual‑citizen federal officials [5] [6]. Independent fact‑checkers and reporting included in the source set treat that account skeptically: Snopes unpacks the viral claim and frames the passage narrative as a circulating claim rather than an established congressional result [1], and another fact check says the closest real counterpart “never advanced to a vote” [2]. The available sources therefore present competing accounts: viral reportage claiming passage [5] [6] and fact checks disputing that it actually passed [1] [2].
2. What Congress.gov shows — bills exist, not a certified law passage
Library of Congress/Congress.gov pages for legislation titled “Born in the USA Act” (S.646 in the Senate and H.R.3368 in the House) appear in the official bill database, with text and findings addressing birthright citizenship and Executive Order 14160 [3] [4]. Those records document proposed statutory language and findings, but the Congress.gov text pages in the source list do not provide a roll‑call record saying the measure passed both chambers or became law as of the sources provided [3] [4]. Available sources do not mention certified vote dates and tallies in the House or Senate that confirm final passage into law.
3. Fact‑checkers and news aggregators say the dramatic consequences were false
The viral claim included specific tallies and immediate enforcement scenarios (offices purged on C‑SPAN, 72‑hour resignation deadlines, large numbers of officials removed). The supplied fact checks and reporting push back: Snopes deconstructs the post’s assertions and flags factual problems with the narrative [1], and a separate fact check explicitly states the closely related bill “never advanced to a vote” [2]. These sources treat the dramatic enforcement details and immediate resignations as unsupported by official action [1] [2].
4. Confusion between different bills and parallel “birthright” measures
The source set also includes other 2025 bills addressing birthright citizenship — for example, the “Birthright Citizenship Act of 2025” introduced by Sen. Lindsey Graham (S.304) / Rep. Brian Babin (H.R.569) — which seek to alter or limit jus soli and were widely reported and criticized [7] [8]. That separate legislative activity helps explain why multiple bills and headlines circulated in 2025; some outlets and social posts appear to conflate different proposals or misstate their procedural status [7] [8].
5. Constitutional context and legal disagreement are central
Prominent legal observers emphasize that the 14th Amendment and Supreme Court precedent anchor birthright citizenship, and organizations such as the Brennan Center frame the constitutional baseline that “the 14th Amendment has long been understood to grant American citizenship to anyone born on U.S. soil” [9]. The “Born in the USA/Born in America” bill texts in Congress.gov explicitly challenge or respond to an executive order and assert findings about constitutionality, but major legal commentary in the supplied sources treats these challenges as contested and subject to judicial review [3] [4] [9].
6. What I can and cannot confirm from the provided sources
Confirmed by the provided sources: (a) Congress.gov lists bills titled “Born in the USA Act” (S.646; H.R.3368) with text and findings [3] [4]; (b) viral accounts and partisan outlets claimed a 51–49 Senate passage with a vice‑presidential tiebreaker and immediate removals [5] [6]; (c) fact checks dispute those claims and state the relevant bill did not advance to a vote [1] [2]; and (d) other birthright bills were introduced in 2025 and widely discussed [7] [8]. Not found in current reporting: an authoritative, contemporaneous roll call from the House or Senate showing certified dates and tallies that the “Born in America/USA Act” passed both chambers and became law by December 2025 — the provided sources do not include that official roll‑call evidence [3] [4] [1] [2].
Bottom line: the sources you provided document both a congressional bill text and a large viral claim of a decisive 51–49 Senate passage, but credible fact‑checks included in your material say the dramatic passage and immediate enforcement narrative is incorrect and that the bill did not advance to a vote in the way social posts described [3] [4] [1] [2]. If you want definitive roll‑call dates and tallies, the next step is to consult official Congress.gov roll‑call entries or the Senate and House clerk roll‑call archives beyond the documents supplied here.