Proposing an amendment to the Constitution of the United States to protect United States citizenship.

Summary of H.J.Res. 172 (119th Congress) — Proposing an amendment to protect United States citizenship

Purpose and intent

• H.J.Res. 172 is a joint resolution proposing a constitutional amendment aimed at clarifying and restricting the interpretation of “subject to the jurisdiction of the United States” in the 14th Amendment.
• The measure would define eligibility criteria for being considered under U.S. jurisdiction at birth and give Congress authority to implement the changes through legislation.

Key provisions and changes

• Article the resolution adds to the Constitution:
  • Section 1: The concept of being “subject to the jurisdiction of the United States” for purposes of the 14th Amendment would be defined in a new Section 2, rather than as an open-ended standard.
  • Section 2: A person born in the United States would be considered “subject to the jurisdiction of the United States” only if the person is born in the U.S. and one of the following conditions is met: 1) At least one parent is a citizen or national of the United States. 2) At least one parent is an alien lawfully admitted for permanent residence (a lawful permanent resident) whose residence is in the United States. 3) The parent is an alien with lawful status under immigration laws performing active service in the United States Armed Forces.
  • Section 3: Congress would be given the power to implement this article through appropriate legislation.
• In short, the amendment would limit birthright citizenship by tying eligibility to specific parental statuses (citizen/national; permanent resident with residence in the U.S.; or lawful status while serving in the armed forces).

Who would be affected

• The primary impact would be on automatic birthright citizenship as currently framed by the 14th Amendment. Individuals born in the United States to parents who do not meet the specified criteria could be excluded from U.S. citizenship at birth under this proposal.
• The bill would shift the determination of who is “subject to the jurisdiction” at birth from a broader constitutional interpretation to a status-based rule tied to parental eligibility.

Procedural and timeline aspects

• The joint resolution requires two-thirds approval in both the House and the Senate to be proposed as an amendment to the Constitution.
• If passed by both chambers, it would be sent to the states for ratification, with a seven-year window for the states to ratify (as standard for constitutional amendments).
• The measure notes Congress’s power to enact implementing legislation to carry out the amendment’s provisions.

Additional notes

• The bill was introduced May 4, 2026, by Representative Clay Fuller (with a co-sponsor noted).
• It is currently referred to the House Judiciary Committee for consideration.

This summary presents the bill’s core aim: to redefine “subject to the jurisdiction” in the 14th Amendment and narrow birthright citizenship to children of certain categories of parents, implemented through subsequent federal legislation if ratified.