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Fact check: Is there someone in congress or senate or house that is not an American citizen?

Checked on June 16, 2025

1. Summary of the results

The Constitution explicitly requires that all members of Congress must be U.S. citizens [1]. Specifically:

  • House Representatives must be citizens for at least 7 years
  • Senators must be citizens for at least 9 years [1]

There is no substantive evidence of any non-citizens serving in Congress, Senate, or House [2]. The system has strict legal barriers and severe penalties for non-citizens attempting to participate in federal elections, including fines, imprisonment, and potential deportation [3].

2. Missing context/alternative viewpoints

Several important contextual points are worth noting:

  • The citizenship requirements were deliberately debated by the Founding Fathers, with foreign-born delegates like James Wilson and Benjamin Franklin actually arguing for less restrictive requirements [4]
  • There's an ongoing legal debate about whether "natural born" citizenship is required, which could potentially exclude naturalized citizens [1]
  • Non-citizens must live in the US for at least 5 years as legal permanent residents before even being eligible to apply for citizenship [5]
  • While non-citizens cannot serve in Congress, they are counted in the census for representation purposes [6]

3. Potential misinformation/bias in the original statement

The question itself might stem from common misconceptions about:

  • The presence of independent or third-party members in Congress, which while rare, do exist legally [7]
  • The difference between representation and membership: while non-citizens are counted for representation purposes, they cannot serve as representatives [6]
  • The rigorous citizenship verification process: multiple state audits have consistently found virtually no instances of non-citizen voting, let alone serving in Congress [2]

This type of question often appears in the context of broader voter fraud claims, which have been repeatedly debunked through state audits and investigations [2]. The legal system has robust protections against non-citizen participation in federal governance, with severe consequences for violations [3].

Want to dive deeper?
What are the constitutional citizenship requirements for serving in Congress?
Have there been any documented cases of non-citizens serving in the US Congress?
What verification process exists to confirm citizenship of congressional candidates?
Can naturalized citizens serve in Congress or only natural-born citizens?
What happens if a Congress member's citizenship status is questioned after election?