Birthright Citizenship Under the 14th Amendment of Persons Born in the United States to Alien Parents [January 10, 2012]   [open pdf - 324KB]

"In the current and recent Congresses, some Members have supported introducing legislation that would revise or reinterpret the Citizenship Clause to address concerns that (1) children born to unauthorized aliens become an avenue to legal status for their parents and siblings when they turn 21 years old, and (2) affluent pregnant foreigners come to the United States on tourist visas to give birth to their children and thus provide them with U.S. citizenship. Such legislation also responds to more general public concern about the lack of movement on comprehensive federal immigration reform legislation. In the 112th Congress, H.R. 140, §301 of H.R. 1196, S. 723, and S.J.Res. 2 would amend the Constitution and/or the INA to exclude persons born in the United States from citizenship at birth if their parents were unlawfully present in the United States or were nonimmigrant aliens. In order for a child to be a citizen at birth under these proposals, at least one parent would have to be a U.S. national, a lawful permanent resident (LPR) who resides in the United States, or an alien serving on active duty in the U.S. Armed Forces. No legislative action beyond committee referral has occurred on any of these measures."

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CRS Report for Congress, RL33079
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