(READ) Bill would halt ‘birthright citizenship’ for children of illegal immigrants
Description
The following is from a press release issued by Sen. Lindsey Graham’s office.
Sen. Lindsey Graham (R-South Carolina) has introduced a bill to restrict birthright citizenship in the US. The “Birthright Citizenship Act of 2024” aims to stop granting citizenship to children of illegal immigrants and non-immigrants in the US on temporary visas.
Sen. Graham says birthright citizenship is a “major pull factor for illegal immigration” and a “weakness for our national security.” He points out that the US is one of only 33 countries in the world with no restrictions on birthright citizenship. In 2018, Sen. Graham supported former President Trump’s executive order to eliminate birthright citizenship for children of illegal immigrants born on American soil.
“It is long overdue for the United States to change its policy on birthright citizenship because it is being abused in so many ways,” says Graham. He mentions “birth tourism” as an example, where wealthy individuals from China and other nations come to the US specifically to have a child who would automatically gain American citizenship. According to Sen. Graham, birthright citizenship is one of the largest “magnets that draw people to America.”
Graham criticizes the Biden-Harris administration’s catch-and-release policies, stating they have allowed illegal immigration to “skyrocket.” Over the past 3.5 years, there have been more than 8.3 million encounters with illegal aliens at the southern border, according to Graham.
The bill seeks to specify who can receive citizenship by birth in the US . It includes children born to at least one parent who is either:
- A citizen or national of the US,
- A lawful permanent resident of the US, or
- An alien performing active service in the armed forces.
This legislation would apply only to children born after the date of enactment.
You can read the full bill text below or here.
A BILL
To amend section 301 of the Immigration and Nationality Act to clarify those classes of individuals born in the United States who are nationals and citizens of the United States at birth, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Birthright Citizenship Act of 2024.”
SEC. 2. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS BORN IN THE UNITED STATES.
(a) IN GENERAL.—Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is amended—
- By redesignating subsections (a) through (h) as paragraphs (1) through (8), respectively;
- In the matter preceding paragraph (1), as so redesignated, by striking “The following” and inserting the following:”(a) IN GENERAL.—The following”;
- By adding at the end the following:”(b) DEFINITION.—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—
- A citizen or national of the United States;
- An alien lawfully admitted for permanent residence in the United States whose residence is in the United States; or
- An alien performing active service in the armed forces (as defined in section 101 of title 10, United States Code).”
(b) APPLICABILITY.—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.
(c) CONFORMING AMENDMENTS.
- 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).”
- 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).”
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