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S. 646: Born in the USA Act

This bill, known as the Born in the USA Act, aims to prohibit the use of federal funds to implement Executive Order 14160, which was issued on January 20, 2025, by President Trump. The executive order is said to restrict the recognition of citizenship for certain children born in the United States. The bill asserts that such a restriction is unconstitutional as it contradicts the 14th Amendment of the U.S. Constitution, which guarantees citizenship to all persons born or naturalized in the U.S., as well as a historical Supreme Court ruling, United States v. Wong Kim Ark. This case affirmed that children born in the U.S., including those of resident aliens, are entitled to citizenship at birth.

Key Points

  • The bill directly challenges the legality of Executive Order 14160.
  • It reaffirms that birthright citizenship is a constitutional right, supported by federal law.
  • No federal funds can be used to implement the executive order or any similar policies that may arise.
  • The bill reflects Congressional findings on the importance of protecting the citizenship rights established in the Constitution.

Legislative Background

Alongside the prohibition of fund allocation, the bill emphasizes that citizenship cannot be rescinded by executive order or legislation.

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Sponsors

20 bill sponsors

Actions

2 actions

Date Action
Feb. 20, 2025 Introduced in Senate
Feb. 20, 2025 Read twice and referred to the Committee on the Judiciary.

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