Birthright Citizenship Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 140 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. IN THE HOUSE OF REPRESENTATIVES JANUARY 4, 2021 Mr. BABIN introduced the following bill; which was referred to the Committee on the Judiciary 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Birthright Citizenship 4 Act of 2021’’. 5 VerDate Sep 11 2014 23:53 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H140.IH H140 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 140 IH SEC. 2. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS 1 BORN IN THE UNITED STATES. 2 (a) IN GENERAL.—Section 301 of the Immigration 3 and Nationality Act (8 U.S.C. 1401) is amended— 4 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 5 ‘‘The following’’; 6 (2) by redesignating subsections (a) through (h) 7 as paragraphs (1) through (8), respectively; and 8 (3) by adding at the end the following: 9 ‘‘(b) DEFINITION.—Acknowledging the right of birth- 10 right citizenship established by section 1 of the 14th 11 amendment to the Constitution, a person born in the 12 United States shall be considered ‘subject to the jurisdic- 13 tion’ of the United States for purposes of subsection (a)(1) 14 if the person is born in the United States of parents, one 15 of whom is— 16 ‘‘(1) a citizen or national of the United States; 17 ‘‘(2) an alien lawfully admitted for permanent 18 residence in the United States whose residence is in 19 the United States; or 20 ‘‘(3) an alien performing active service in the 21 armed forces (as defined in section 101 of title 10, 22 United States Code).’’. 23 (b) APPLICABILITY.—The amendment made by sub- 24 section (a)(3) shall not be construed to affect the citizen- 25 VerDate Sep 11 2014 23:53 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H140.IH H140 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 140 IH ship or nationality status of any person born before the 1 date of the enactment of this Act. 2 Æ VerDate Sep 11 2014 23:53 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H140.IH H140 pamtmann on DSKBC07HB2PROD with BILLS