In response to President Donald Trump’s executive order to end birthright citizenship for the children of illegal immigrants, a group of Senate Republicans have introduced the “Birthright Citizenship Act of 2025.” This bill aims to reform U.S. law by eliminating automatic citizenship for individuals born in the U.S. to parents who are either illegal aliens or in the country temporarily. The bill, introduced by Republican Senators Lindsey Graham, Katie Britt, and Ted Cruz, seeks to address what they view as a significant factor contributing to illegal immigration, which they argue poses a national security risk.
The Center for Immigration Studies estimates that thousands of births occur annually in the U.S. to tourist women, with many more to illegal aliens or individuals on temporary visas. A Senate report from 2022 uncovered the presence of “birth tourism” companies, like “Miami Mama,” that cater to wealthy foreign clients seeking U.S. citizenship for their children. Senator Graham emphasized the abuse of birthright citizenship, particularly by individuals from wealthy backgrounds coming to the U.S. solely for the purpose of granting their children American citizenship.
Challenges of Birthright Citizenship
Senator Graham highlighted birthright citizenship as a significant attraction for immigrants and acknowledged President Trump’s executive order as a step in the right direction. He stressed the need for the U.S. to align its policies with global standards, urging a restriction on this practice. Current U.S. policy grants automatic citizenship to any child born on American soil, a practice that has been in place since the 1960s based on an interpretation of the 14th Amendment.
The Birthright Citizenship Act of 2025 aims to clarify the criteria for citizenship, requiring at least one parent to be a citizen, national, legal resident, or an active-duty military member for a child born in the U.S. to qualify. The bill ensures that individuals born before its enactment will not be affected, focusing solely on those born after the law comes into force.
Expert Insights on Birthright Citizenship
Hans von Spakovsky, a legal fellow at the Heritage Foundation, believes that clarifying the terms of the 14th Amendment is not an attempt to amend the Constitution but rather to provide a clearer understanding of its intent. He emphasizes that the amendment’s language must be interpreted in light of its historical context and legislative history to align with the original framers’ intentions. Von Spakovsky argues that the current interpretation of the 14th Amendment and related statutes does not accurately reflect the framers’ original intent.
Senator Britt echoed the sentiments of President Trump’s order, emphasizing that American citizenship should not serve as an incentive for illegal migration. She expressed her support for the Birthright Citizenship Act, aligning with President Trump’s position and advocating for a stronger, more consistent application of the 14th Amendment’s Citizenship Clause. Britt believes that revising birthright citizenship practices will enhance national sovereignty, deter illegal migration, and bring U.S. citizenship policies in line with global standards.
In a parallel move, House Science and Technology Committee Chairman Brian Babin introduced a bill to reinforce the understanding that the 14th Amendment does not extend citizenship to children of individuals in the U.S. illegally or on a temporary basis. This legislative push aligns with the broader effort to clarify the interpretation of birthright citizenship laws and reinforce the original intent of the 14th Amendment.
In conclusion, the debate over birthright citizenship continues to unfold, with legislative proposals and executive actions shaping the discourse around U.S. citizenship policy. As lawmakers and legal experts grapple with the complexities of immigration law, the question of who qualifies for American citizenship remains a central issue in the national dialogue on immigration reform.
