Freshman Rep. John McGuire III (R-Va.) has introduced legislation aimed at codifying President Donald Trump’s executive order seeking to restrict birthright citizenship, as Republicans continue efforts to challenge the long-standing interpretation of citizenship under U.S. law.
The Birthright Citizenship Clarification Act was unveiled Thursday and seeks to amend existing federal law governing who automatically receives U.S. citizenship at birth. The proposal follows a recent Supreme Court ruling addressing Trump’s executive order on the issue.
According to the legislation, McGuire’s bill would amend Section 301(a) of the Immigration and Nationality Act (8 U.S.C. 1401(a)), which currently provides that any person born in the United States and subject to its jurisdiction automatically acquires U.S. citizenship at birth.
The measure comes just days after the Supreme Court ruled that Trump’s executive order was unconstitutional. McGuire’s legislation attempts to reflect reasoning cited by Justice Brett Kavanaugh, who was not part of the majority opinion.
Kavanaugh argued that Trump’s executive order conflicted with existing federal statutes that Congress has the authority to change, rather than with the text of the Fourteenth Amendment itself. However, a majority of five justices concluded that the matter is constitutional rather than statutory, meaning any change would require a constitutional amendment.
McGuire’s proposal would alter current law by denying automatic citizenship in several situations outlined in the bill. Under the legislation, citizenship would not be granted to a child whose mother is unlawfully present in the United States if the father is not a U.S. citizen.
The bill would also deny citizenship to children born to a mother who is lawfully present in the country on a temporary basis when the father is not a citizen. It also addresses other less common circumstances, including children born on foreign ships and children of foreign government officials.
In announcing the legislation, McGuire argued that American citizenship should be protected and criticized what he described as abuses of the current system.
“American citizenship is a privilege, and an honor that must be protected,” McGuire said in a statement.
“For too long, foreign nationals have exploited the process of birthright citizenship through loopholes like birth tourism, devaluing what it means to be an American,” he added.
McGuire worked with the Institute for Legislative Analysis in developing the legislation following last month’s Supreme Court ruling.
Fred McGrath, president of the Institute for Legislative Analysis, expressed confidence that the proposal would satisfy constitutional requirements if it were ultimately challenged before the Supreme Court.
Ryan McGowan, CEO of the Institute for Legislative Analysis, also defended the legislation, saying it was designed to align with Justice Kavanaugh’s reasoning while pursuing the objectives outlined in Trump’s executive order.
“This bill was carefully crafted to follow the instructions provided by Justice Kavanaugh while still implementing every goal President Trump sought in his executive order. Calls to fix this crisis through a constitutional amendment do not acknowledge political reality,” McGowan said.
He added that the legislation represents what he believes is the most practical path for conservatives seeking to address birth tourism and redefine birthright citizenship under federal law.
House Speaker Mike Johnson (R-La.) had not responded to requests for comment on whether House Republican leadership intends to support the measure.
The bill was introduced one day after President Trump pledged to ask the Supreme Court to rehear the case involving the legality of his executive order restricting birthright citizenship.
