Birthright Citizenship Clarification Act of 2026

It is the sense of Congress that—

(1) the phrase subject to the jurisdiction thereof in section 1 of the 14th Amendment to the Constitution of the United States reflects a principle of allegiance and obedience, not mere geography;

(2) United States v. Wong Kim Ark, 169 U.S. 649 (1898), involved a person born in the United States to alien parents permanently domiciled and residing in the United States, and described historical exceptions for children of foreign sovereigns or their ministers, persons born on foreign public ships, children of enemies within and during a hostile occupation, and children of members of Indian Tribes;

(3) Congress later addressed the Indian Tribe exception through the Indian Citizenship Act of 1924 and carried forward the words born in the United States, and subject to the jurisdiction thereof in the Nationality Act of 1940 and the Immigration and Nationality Act of 1952, now codified at section 301(a) of the Immigration and Nationality Act (8 U.S.C. 1401(a)); and

(4) Justice Kavanaugh, concurring in the judgment and dissenting in part in Trump v. Barbara, concluded that Executive Order 14160 conflicted with section 301(a), but explained that Congress could establish exceptions for children born to foreign citizens unlawfully or temporarily in the country; this Act exercises that authority to clarify citizenship at birth and deter birth tourism and visa manipulation.