Birthright Citizenship Act of 2024

Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is amended—

(1) by redesignating subsections (a) through (h) as paragraphs (1) through (8), respectively;

(2) in the matter preceding paragraph (1), as so redesignated, by striking The following and inserting the following:

The following

(2) ; and

(3) by adding at the end the following:

Acknowledging the Citizenship Clause in section 1 of the 14th Amendment to the Constitution of the United States, a person born in the United States shall be considered ‘subject to the jurisdiction’ of the United States for purposes of subsection (a)(1) if the person is born in the United States of parents, one of whom is—

(1) a citizen or national of the United States;

(2) an alien lawfully admitted for permanent residence in the United States whose residence is in the United States; or

(3) an alien performing active service in the Armed Forces (as defined in section 101 of title 10, United States Code).

The amendment made by subsection (a)(3) may not be construed to affect the citizenship or nationality status of any person born before the date of the enactment of this Act.

(1) The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—

(A) in the undesignated matter following section 308(4)(B) (8 U.S.C. 1408(4)(B)), by striking 301(g) and inserting 301(a)(7);

(B) in section 309(a) (8 U.S.C. 1409(a))—

(i) in the matter preceding paragraph (1), by striking (c), (d), (e), and (g) of section 301 and inserting (3), (4), (5), and (7) of section 301(a); and

(ii) in subsection (b), by striking 301(g) and inserting 301(a)(7); and

(C) in section 341(a) (8 U.S.C. 1452(a)), by striking (c), (d), (e), or (g) of section 301 and inserting (3), (4), (5), or (7) of section 301(a).

(2) The Act of March 16, 1956 (70 Stat. 50, chapter 85; 8 U.S.C. 1401a), is amended by striking 301(g) and inserting 301(a)(7).