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Freshman Rep. John McGuire III, R-Va., introduced legislation Thursday to limit birthright citizenship by amending federal law, an effort aligned with President Donald Trump’s executive order on the issue.
The Birthright Citizenship Clarification Act would amend the Immigration and Nationality Act by narrowing the circumstances under which children born in the United States automatically receive U.S. citizenship.
The measure comes days after a Supreme Court ruling addressing President Trump’s executive order. According to supporters of the bill, the legislation is designed to reflect comments made by Justice Brett Kavanaugh regarding Congress’ authority to revise federal immigration statutes, although a majority of the court concluded the dispute involves constitutional questions related to the Fourteenth Amendment.
McGuire’s proposal would amend Section 301(a) of the Immigration and Nationality Act, which currently grants citizenship at birth to individuals born in the United States and subject to its jurisdiction.
Under the bill, automatic citizenship would not apply to children born to a mother who is in the United States unlawfully if the father is not a U.S. citizen. It would also deny automatic citizenship in certain cases involving parents with temporary lawful status, as well as other limited circumstances, including children born on foreign vessels or to foreign government officials.
“American citizenship is a privilege, and an honor that must be protected,” McGuire said in a statement.
“For too long, foreign nationals have exploited the process of birthright citizenship through loopholes like birth tourism, devaluing what it means to be an American,” he added.
McGuire worked with the Institute for Legislative Analysis in drafting the legislation following the Supreme Court’s recent ruling.
Fred McGrath, president of the Institute for Legislative Analysis, said he believes the measure would withstand constitutional scrutiny if challenged in court.
Ryan McGowan, the organization’s chief executive officer, also defended the proposal.
“This bill was carefully crafted to follow the instructions provided by Justice Kavanaugh while still implementing every goal President Trump sought in his executive order. Calls to fix this crisis through a constitutional amendment do not acknowledge political reality,” McGowan said in a statement.
“This bill represents the most feasible path for conservatives to actually stop birth tourism and restore the proper meaning of American citizenship,” he added.
