Birthright Citizenship Clarification Act of 2026

The purposes of this Act are—

(1) to preserve in Federal statutory law the historical exceptions to citizenship at birth for children of foreign sovereigns or their ministers, persons born on foreign public ships, and children of enemies within and during a hostile occupation of part of the territory of the United States;

(2) to amend section 301(a) of the Immigration and Nationality Act (8 U.S.C. 1401(a)) in the manner identified by Justice Kavanaugh by establishing statutory exceptions for persons born in the United States to foreign citizens unlawfully or temporarily present in the United States; and

(3) to define lawful but temporary presence by reference to temporary presence categories reflected in Executive Order 14160, including the Visa Waiver Program and student, work, tourist, and other nonimmigrant visas.