What bills titled 'Born in the USA Act' have been introduced in the 119th Congress and what are their texts?

Checked on January 10, 2026
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Executive summary

Two pieces of legislation bearing the name "Born in the USA Act" were introduced in the 119th Congress: S.646 in the Senate and H.R.3368 (styled "Born in the USA Act of 2025") in the House; both bills' texts are publicly posted on Congress.gov and companion bill-text sites (S.646 [1] [2]; H.R.3368 [3] [4]). The Senate measure focuses on blocking federal funds for implementation of Executive Order 14160 and reaffirms birthright citizenship as protected by the 14th Amendment, while the House version similarly states the Act's name and rests its argument on constitutional protections and federal law (S.646 [1] [2]; H.R.3368 [3] [4]).

1. What the Senate "Born in the USA Act" is and where to read its full text

The Senate bill S.646, officially titled the "Born in the USA Act," was introduced February 20, 2025 and its full introduced-version text is available on Congress.gov and GovTrack; the bill was sponsored by Senator Rosen with a listed bipartisan group of Democratic cosponsors including Durbin, Schatz, Padilla, Van Hollen, and others (S.646 text and sponsor list) [1] [2]. The bill's findings assert that birthright citizenship is guaranteed by the 14th Amendment and by Title III of the Immigration and Nationality Act and explicitly challenges the constitutionality of Executive Order 14160, proposing as a legislative remedy to prohibit the use of funds to carry out that Executive Order (S.646 text) [1] [5]. The primary sources for the complete statutory language are the text pages on Congress.gov and the GovTrack mirrored text [1] [2].

2. What the House "Born in the USA Act of 2025" is and where to read its full text

The House companion, H.R.3368, styled "Born in the USA Act of 2025," was introduced May 13, 2025 and its full text is posted on Congress.gov and GovTrack under the bill number H.R.3368; Representatives including Rep. Ramirez and a slate of Democratic House members are shown as sponsors and cosponsors on the introduced text (H.R.3368 text and sponsor list) [3] [4]. The House text likewise frames birthright citizenship as anchored in the 14th Amendment and federal statute and uses those constitutional and statutory assertions to counter Executive actions that would alter that status, repeating many of the findings and legal statements found in the Senate version (H.R.3368 text) [3] [4]. The full statutory sections, legislative findings, and precise prohibitions are available in the House bill text on the Library of Congress site [3].

3. Key substantive language shared across both bills

Both bills explicitly cite the 14th Amendment's text—"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens…"—and ground their findings in the proposition that birthright citizenship cannot be rescinded by executive action, citing court challenges to Executive Order 14160 and existing provisions of the Immigration and Nationality Act (S.646 and H.R.3368 texts) [1] [3] [2] [4]. The Senate bill places particular emphasis on prohibiting federal funds to implement EO 14160 as a concrete statutory step (S.646 summary) [5]. Readers should consult the bills' full sections for exact statutory amendments and prohibitions; summaries in legislative-tracking sites reiterate these central points [2] [5].

4. How these bills sit alongside other 119th‑Congress birthright proposals

Related but distinct measures in the 119th Congress seek to alter or clarify birthright rules under different titles—examples include the "Constitutional Citizenship Clarification Act of 2025" (S.2274 and H.R.4741) and the "Birthright Citizenship Act of 2025" (H.R.569)—which have different textual approaches, including explicit exclusions of certain classes from citizenship at birth or narrower definitions of "subject to the jurisdiction" (Constitutional Citizenship Clarification Act texts; Birthright Citizenship Act summary) [6] [7] [8]. These other bills demonstrate that while S.646 and H.R.3368 use the "Born in the USA" label to defend traditional interpretations of the 14th Amendment, other members of Congress are pursuing opposing statutory paths to limit or redefine birthright citizenship [6] [7] [8].

5. Where to verify and read the exact statutory language

The authoritative, verbatim language of each "Born in the USA Act" is hosted on Congress.gov where the introduced versions are archived; mirrored copies of the texts and metadata (sponsors, dates, committee referrals) are also available on GovTrack and legislative-tracking services that aggregate bill text and actions (S.646 on Congress.gov and GovTrack; H.R.3368 on Congress.gov and GovTrack) [1] [2] [3] [4]. Any definitive legal interpretation requires reading the complete bill text as posted at those sources; this reporting does not substitute for the verbatim statutory pages that contain section-by-section wording and definitions [1] [3].

Want to dive deeper?
How would prohibiting funds for Executive Order 14160 affect federal agencies' implementation?
What courts have ruled on Executive Order 14160 and what were their holdings?
How do S.646/H.R.3368 differ substantively from the Constitutional Citizenship Clarification Act (S.2274/H.R.4741)?