Proposing an amendment to the Constitution of the United States to clarify the 14th amendment does not provide for automatic citizenship for the children of aliens.

119th Congress Introduced by Nancy Mace

The bill would redefine birthright citizenship, granting US birth eligibility only when at least one parent is a US citizen, a US national, or a lawful permanent resident residing

Introduced in House

Overview

Bill: H.J.Res.190 (Joint Resolution)

Session: 119th Congress, 2nd Session

Jurisdiction: United States

Purpose: Proposed constitutional amendment to the 14th Amendment that would clarify that birthright citizenship in the United States is not automatic for the children of aliens unless specific conditions are met.

Main purpose and intent

The resolution seeks to modify the interpretation of the 14th Amendment by defining the phrase “subject to the jurisdiction of the United States” for purposes of birthright citizenship.

Specifically, it would limit automatic citizenship at birth to individuals born in the United States only if at least one parent meets one of three criteria: (1) is a U.S. citizen, (2) is a U.S. national, or (3) is an alien lawfully admitted for permanent residence (i.e., a lawful permanent resident) whose residence is in the United States.

The aim appears to be to reduce or potentially end automatic birthright citizenship for children born in the U.S. to parents who do not meet these listed criteria.

Key provisions

Article I, Section 1 (proposed): Recasts the meaning of “subject to the jurisdiction of the United States” in the 14th Amendment. A person born in the U.S. would be considered a citizen only if, at birth, at least one parent is:

(1) a citizen of the United States;
(2) a national of the United States; or
(3) an alien lawfully admitted for permanent residence with residence in the United States.

Article I, Section 2: Grants Congress the power to implement the amendment through appropriate legislation.

The text indicates a seven-year ratification window for states to ratify once submitted by Congress, consistent with typical constitutional amendment processes.

Who or what would be affected

Individuals born in the United States would be eligible for birthright citizenship only if one of the specified parental conditions is satisfied.

Children born to parents who do not meet any of the three listed criteria would not automatically receive U.S. citizenship under the 14th Amendment as clarified by this amendment.

U.S. citizenship policy and immigration-law implementation would be affected, requiring federal legislative action to define and administer the new rules (as authorized in Section 2).

Procedural and timeline aspects

Introduction: June 2, 2026, in the House of Representatives.

Referral: Referred to the House Committee on the Judiciary.

Ratification window: If passed by both Houses, the amendment would be sent to the states for ratification, with a seven-year deadline to achieve approval by three-fourths (38) of the state legislatures.

Legislative process reflects the standard constitutional amendment pathway (two-thirds in both chambers, then state ratification).

Notes

The bill is currently a joint resolution proposing a constitutional amendment, not a statute.

It does not itself specify the detailed administrative processes for determining eligibility beyond the stated criteria; rather, it authorizes Congress to implement such provisions through appropriate legislation.

As an amendment proposal, it would require the standard constitutional ratification process to take effect.