Born in the USA Act

Legislative bill overview

The Born in the USA Act (S.646) was introduced in the Senate on February 20, 2025, by Senator Jacky Rosen (D-NV). The bill aims to prohibit the use of federal funds to implement Executive Order 14160, titled issued by President Trump on January 20, 2025. This executive order sought to restrict the recognition of citizenship for certain children born in the United States. The bill has been referred to the Senate Judiciary Committee. (congress.gov)

Why is this important

The Born in the USA Act seeks to uphold the 14th Amendment's guarantee of birthright citizenship, affirming that all individuals born on U.S. soil are citizens, regardless of their parents' immigration status. By prohibiting the use of funds to enforce Executive Order 14160, the bill aims to prevent potential challenges to this constitutional right.

Potential points of contention

• Constitutionality of Executive Order 14160: Debate exists over whether the executive order is unconstitutional, with some arguing it infringes upon the 14th Amendment's citizenship clause.

• Scope of Birthright Citizenship: Discussions may arise regarding the extent to which birthright citizenship applies, particularly concerning children born to parents who are in the U.S. unlawfully.

• Executive Authority: The bill raises questions about the limits of executive power in issuing orders that affect citizenship and immigration policies.

• Political Implications: The bill's introduction could influence ongoing debates over immigration reform and the interpretation of constitutional rights.