What This Bill Does
This bill changes the rules for children born outside the United States to automatically become U.S. citizens if they have a parent who is or becomes a U.S. citizen. The bill removes certain requirements that currently prevent some children from becoming citizens automatically, even when they have a U.S. citizen parent.
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Who It Affects
- Children born outside the United States to at least one U.S. citizen parent
- Parents who are naturalized citizens (people who became citizens through an application process)
- People born after January 9, 1941 who may gain citizenship through these new rules
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Key Provisions
- Children under 18 years old can become U.S. citizens automatically when their parent becomes a naturalized citizen, instead of needing to be under 18 at the time of the parent's naturalization (Sec. 2)
- Children only need to be under 18 and have legal custody with a U.S. citizen parent or have a pending application to become a lawful permanent resident (Sec. 2)
- The definition of "child" now includes children born outside of marriage and children whose parent-child relationship follows the parentage laws of where the child or parent lives (Sec. 2)
- These new rules apply to people born after January 9, 1941, as if the new rules had always existed (Sec. 2)
- The same definition of "child" used in these rules applies to another citizenship section (Sec. 3)
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What Changes
If this bill becomes law, fewer children born outside the U.S. to U.S. citizen parents will need to take extra steps to gain citizenship. Children will not lose citizenship because their parent did not live in the United States for a required number of years. Nonmarital children and children whose relationships are recognized under local parentage laws will be treated the same as other children in citizenship matters.
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Important Definitions
The bill defines "child" to include nonmarital children of a U.S. citizen father and any child whose parent-child relationship meets the parentage laws of the child's or parent's residence or domicile (a place where someone legally lives), whether in the United States or elsewhere.
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1386
To amend the Immigration and Nationality Act to provide for the automatic
acquisition of citizenship for certain children born outside the United
States to a parent who is or becomes a United States citizen, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 7, 2023
Ms. CLARKE of New York (for herself, Ms. ADAMS, Ms. NORTON, Mr.
ESPAILLAT, Ms. LEE of California, Mr. MCGOVERN, Ms. TOKUDA, Mr.
BOWMAN, Mr. GARCI´A of Illinois, Ms. TLAIB, Mr. VARGAS, Ms. JACOBS,
Ms. BARRAGA´N, Mr. CASAR, Ms. MENG, Ms. WILLIAMS of Georgia, Mr.
TRONE, Mr. JOHNSON of Georgia, and Mr. IVEY) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to provide
for the automatic acquisition of citizenship for certain
children born outside the United States to a parent
who is or becomes a United States citizen, and for other
purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Equal Citizenship for
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Children Act of 2023’’.
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•HR 1386 IH
SEC. 2. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR
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CERTAIN CHILDREN BORN OUTSIDE THE
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UNITED STATES.
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Section 320 of the Immigration and Nationality Act
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(8 U.S.C. 1431) is amended—
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(1) in subsection (a)—
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(A) in the matter preceding paragraph (1),
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by striking ‘‘all of the following conditions’’ and
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inserting ‘‘each of the following applicable con-
9
ditions’’;
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(B) by amending paragraph (2) to read as
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follows:
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‘‘(2) If the parent is a naturalized citizen, the
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child is under the age of eighteen years at the time
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of the parent’s naturalization.’’; and
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(C) in paragraph (3)—
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(i) by striking ‘‘The child is residing’’
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and inserting ‘‘While under the age of
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eighteen, the child resides’’;
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(ii) by striking ‘‘legal and physical
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custody’’ and inserting ‘‘legal custody’’;
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and
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(iii) by inserting before the period at
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the end the following: ‘‘, or a pending ap-
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plication to adjust status to lawful perma-
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nent resident’’; and
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•HR 1386 IH
(2) by adding at the end the following:
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‘‘(e) DEFINITION.—For purposes of this section, the
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term ‘child’ has the meaning given such term in section
3
101(c), except that such term includes the nonmarital
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child of a legal custodial citizen father, and the child of
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a United States citizen parent if the parent-child relation-
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ship satisfies the parentage laws of the child’s or parent’s
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residence or domicile, whether in the United States or
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elsewhere.
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‘‘(f) CLARIFICATIONS.—Any provision of law (includ-
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ing section 301(b) of the Immigration and Nationality Act
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(as in effect before October 10, 1978), and the provisos
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of section 201(g) of the Nationality Act of 1940) that pro-
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vide for a person’s loss of citizenship if the person failed
14
to come to, or reside or be physically present in, the
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United States shall not apply in the case of a person
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claiming United States citizenship based on such person’s
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descent from an individual described in this section. Any
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provision of law (including sections 301 and 309 of the
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Immigration and Nationality Act, and the provisos of
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201(g) and 205 the Nationality Act of 1940) that require
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the citizen parent to reside in the United States for a
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number of years shall be deemed satisfied by subsection
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(a)(3).
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•HR 1386 IH
‘‘(g) RETROACTIVE APPLICATION.—This section, as
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amended by the Equal Citizenship for Children Act of
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2023 shall be applied to persons born after noon (Eastern
3
Standard Time), January 9, 1941, as though this section,
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as amended, had been in effect on the date of their birth,
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except that the retroactive application described in this
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subsection shall not affect the validity of citizenship of
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anyone who has obtained citizenship under any other pro-
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vision of law.’’.
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SEC. 3. CHILDREN BORN AND RESIDING OUTSIDE THE
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UNITED STATES.
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Section 322 of the Immigration and Nationality Act
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(8 U.S.C. 1433) is amended by adding at the end the fol-
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lowing:
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‘‘(e) DEFINITION.—For purposes of this section, the
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term ‘child’ has the meaning given such term in section
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320.’’.
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Æ
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