H.R. 9633: Birthright Citizenship Clarification Act of 2026

This bill would change federal immigration law to narrow who automatically gets U.S. citizenship at birth for people born in the United States. It says that certain children born on U.S. soil would not count as “subject to the jurisdiction” of the United States, and therefore would not be U.S. citizens or nationals at birth.

What the bill changes

• It amends section 301(a) of the Immigration and Nationality Act, which is the main statute describing who is a U.S. citizen at birth.
• It keeps some long-recognized exceptions in federal law, such as:
  • children of foreign sovereigns or their ministers,
  • people born on foreign public ships, and
  • children of enemies during a hostile occupation of U.S. territory.
• It adds two new categories of people born in the United States who would not receive citizenship at birth:
  • children born to a mother who is in the country unlawfully, if the father is not a U.S. citizen, U.S. national, or lawful permanent resident; and
  • children born to a mother whose presence is lawful but temporary, if the father is not a U.S. citizen, U.S. national, or lawful permanent resident.

How the bill defines key terms

• Unlawfully present includes being in the U.S. without admission or parole, overstaying an authorized period, violating the terms of admission or status, or otherwise lacking lawful immigration status.
• Lawful but temporary includes certain short-term or nonimmigrant categories, such as visa waiver visitors and people in student, exchange, tourist, business, work, crew, transit, treaty trader, treaty investor, or other temporary visa statuses.
• The bill defines mother and father as the immediate female and male biological progenitors, respectively.

When it would take effect

The changes would apply only to people born in the United States 30 days after the bill is enacted or later. The bill says it would not affect the citizenship or nationality of anyone born before that date.

Other provisions

• The bill includes a statement of Congress’s view that the 14th Amendment phrase “subject to the jurisdiction thereof” should be understood as involving allegiance and obedience, not just being physically present in the country.
• It includes findings and purposes explaining that Congress is acting to clarify citizenship at birth and address concerns about birth tourism and visa manipulation.
• It includes a severability clause, meaning that if one part is found invalid, the rest is intended to remain in effect.

Relevant Companies

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