U.S. House Republicans Roll Out Bill to Restrict Birthright Citizenship

WASHINGTON — Falling in line with President Donald Trump’s executive order to end birthright citizenship, House Republicans on Thursday unveiled legislation that would amend federal immigration law to narrow the scope of citizenship, although the right is enshrined in the U.S. Constitution.

U.S. Rep. Brian Babin, a Texas Republican, speaks at a Capitol press conference with several Republicans supporting his bill to limit birthright citizenship on Jan. 23, 2025. From left to right, GOP Reps. John Rose of Tennessee, Brandon Gill of Texas, Diana Harshbarger of Tennessee, Andy Biggs of Arizona, Ralph Norman of South Carolina and Tom Tiffany of Wisconsin. (Photo by Ariana Figueroa/States Newsroom)

Trump’s Monday executive order has already faced staunch legal challenges from Democratic state attorneys general and the ACLU, with oral arguments on a multistate case starting Thursday in federal court in Washington state.

The sponsor of the House bill, H.R. 569, GOP Texas Rep. Brian Babin, said he welcomed the legal challenges to Trump’s executive order and to his bill.

“We appreciate and wanted the challenges to this,” he said. “So we can get it into the Supreme Court of the United States. This thing could take up to three years before it winds up on the high court and let’s see how they (rule).”

Arizona Republican Rep. Andy Biggs, who was also at the press conference, said that despite a Supreme Court case in 1898 that upheld birthright citizenship as written in the 14th Amendment, he thinks the GOP bill will be upheld in the courts.

Other Republicans at the press event included Reps. Mike Collins of Georgia, Diana Harshbarger of Tennessee, Brandon Gill of Texas, John Rose of Tennessee, Tom Tiffany of Wisconsin and Ralph Norman of South Carolina.

“I believe, ultimately, and I’m predicting and forecasting, that when this gets to the U.S. Supreme Court, the U.S. Supreme Court’s going to rule that this, this particular piece of legislation, is constitutional,” Biggs said.

Trump has appointed a third of the Supreme Court, solidifying a conservative 6-3 majority.

The Supreme Court in 1898 upheld the 14th Amendment’s birthright citizenship provision — which means citizenship is guaranteed to any child born in the country, with the exception of children born to foreign diplomats.

Trump’s Monday executive order that ends birthright citizenship directs the federal government to not recognize or issue citizenship documentation to any child born after Feb. 19 to parents who are in the country without proper authorization, or to children with one parent who is in the United States on a temporary visa and another parent who is a noncitizen.

There are roughly 5.5 million U.S. children born to at least one parent who is an undocumented immigrant and 1.8 million U.S.-born children with two undocumented parents.

Babin’s legislation would make a change to federal immigration law, the Immigration Nationality Act. It says citizenship would be granted to children born in the United States who have at least one parent who is a U.S. citizen, or a green card holder, or an immigrant with a legal status who is serving in the military.

It does not address the potential that some parents could hold a different type of legal immigration status, such as work or student visas. According to the bill text, it would only affect children born after the bill is signed into law — although it’s likely to face immediate legal challenges.

“This is about ensuring the citizenship, a cornerstone of our national identity, that is protected, respected and aligned with the principles upon which this country was built,” Babin said.

Last updated 12:44 p.m., Jan. 23, 2025

by Ariana Figueroa, Virginia Mercury

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