Overview

Title

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.

ELI5 AI

The bill wants to change the rules for who gets to be a U.S. citizen when they're born in the country. It says that a baby born in the U.S. is only considered a citizen if at least one of their parents is a U.S. citizen, lives in the U.S. legally, or is in the U.S. military.

Summary AI

S. 5223, known as the "Birthright Citizenship Act of 2024," proposes changes to the Immigration and Nationality Act to clarify who is considered a U.S. citizen at birth. The bill specifies that a person born in the United States is considered "subject to the jurisdiction" of the U.S. if at least one parent is a U.S. citizen, a lawful permanent resident, or an active member of the U.S. Armed Forces. The legislation emphasizes that these changes will not affect the citizenship status of anyone born before the law is enacted. It includes amendments to align existing laws with the proposed changes.

Published

2024-09-25
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-09-25
Package ID: BILLS-118s5223is

Bill Statistics

Size

Sections:
2
Words:
729
Pages:
4
Sentences:
8

Language

Nouns: 169
Verbs: 49
Adjectives: 11
Adverbs: 4
Numbers: 65
Entities: 52

Complexity

Average Token Length:
3.46
Average Sentence Length:
91.12
Token Entropy:
4.47
Readability (ARI):
43.39

AnalysisAI

The proposed bill, known as the “Birthright Citizenship Act of 2024,” seeks to amend the existing Immigration and Nationality Act. Essentially, it aims to redefine which individuals born in the United States are automatically conferred citizenship. The critical addition to the law is the clarification of what being "subject to the jurisdiction" of the United States means. The bill specifies that to be a natural-born citizen, at least one parent must meet certain criteria, such as being a U.S. citizen, a lawful permanent resident, or a member of the armed forces on active duty.

General Summary of the Bill

The core of this bill lies in its alteration to section 301 of the Immigration and Nationality Act. It proposes clear standards to determine who qualifies for birthright citizenship. Specifically, the bill stipulates that individuals born in the United States are citizens at birth only under certain conditions tied to the legal status of their parents. This contrasts sharply with the current interpretation of the 14th Amendment, which grants citizenship to almost anyone born on U.S. soil, a principle known as jus soli or "right of the soil."

Significant Issues

One significant issue the bill raises is the definition of "subject to the jurisdiction" of the United States. This phrase is crucial as it effectively determines who is eligible for birthright citizenship. By narrowing this definition, the bill could potentially exclude many individuals who would otherwise be considered U.S. citizens under the traditional interpretation of the 14th Amendment.

The requirement that at least one parent be either a U.S. citizen, a lawful permanent resident, or serving in the military significantly changes the landscape of U.S. citizenship. This could spark debates on the constitutional grounds of the bill, as birthright citizenship is a concept deeply embedded in U.S. legal and cultural identity.

Another issue is the reliance on other legal definitions and statutes, such as "lawfully admitted for permanent residence" and references to military service. These may not be immediately clear to all readers, leading to potential confusion in interpreting the law's application. Moreover, the absence of practical examples or scenarios further adds to the ambiguity, making it challenging for those affected or their legal representatives to understand fully how these changes would apply to individual cases.

Impact on the Public

Broadly, the bill could alter the demographic landscape of the United States by reducing the number of automatic citizens. This change might align with specific viewpoints on immigration control but also risks alienating communities and raising concerns among civil rights organizations. People's understanding of national identity and citizenship may be reshaped, impacting social cohesion and potentially leading to legal challenges in federal courts.

Impact on Specific Stakeholders

For legal practitioners, the bill introduces new complexities in immigration law that require thorough understanding and interpretation. It could lead to more contested cases on citizenship matters, especially for those close to meeting the requirements.

Immigrant families, particularly those with mixed-status parents, could be directly affected. They may face uncertainty regarding their children's citizenship status, which can have significant social and economic implications. Active military members or lawful residents may feel anxiety over their family’s future citizenship status if circumstances change.

In conclusion, while the “Birthright Citizenship Act of 2024” aims to bring clarity to citizenship laws, it inevitably raises important legal, social, and ethical questions about what it means to be an American. The potential for both decreased birthright citizenship and increased complexity in legal standards invites scrutiny from various sectors and stakeholders concerned with preserving or transforming national identity.

Issues

  • The definition of who is 'subject to the jurisdiction' of the United States in Section 2 is pivotal as it changes the application of birthright citizenship, potentially affecting the legal status of numerous individuals born in the United States. This raises significant legal and political implications regarding national identity and rights.

  • The requirement for one parent to be a U.S. citizen, national, lawful permanent resident, or an alien in active military service (Section 2, paragraph b) is a significant departure from the traditional interpretation of the 14th Amendment, raising potential ethical and legal debates on the constitutionality of this change.

  • The bill's reliance on further clarifications within other bodies of law, such as references to section 101 of title 10, United States Code, may confuse readers and practitioners, as mentioned in Section 2. This lack of clarity can lead to challenges in interpreting and applying the law effectively.

  • The absence of examples or scenarios in Section 2 illustrating how amendments apply creates uncertainty in practical legal settings, which can complicate enforcement and compliance for legal practitioners and individuals affected by these changes.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

This section states that the name of the bill is the “Birthright Citizenship Act of 2024.”

2. Citizenship at birth for certain persons born in the United States Read Opens in new tab

Summary AI

The section amends the Immigration and Nationality Act to clarify that a person born in the United States is considered under U.S. jurisdiction, and therefore eligible for citizenship, if at least one parent is a U.S. citizen, a lawful permanent resident, or an active military member. It also ensures these changes do not affect the citizenship status of people born before the law was enacted and makes related technical amendments to existing legal references.