Senator Tom Cotton (R-AR) will introduce legislation to end the longstanding practice of birthright citizenship for children born in the United States to illegal immigrants and foreign nationals.
The Constitutional Citizenship Clarification Act would amend the Immigration and Nationality Act to specify that children born on U.S. soil to illegal immigrants, foreign spies, or terrorists would not automatically qualify for American citizenship.
“There is no constitutional right for illegal aliens to cross the border to gain citizenship for their children,” Cotton said in a statement. “Granting birthright citizenship to illegal aliens has contributed to the highest levels of illegal immigration in history. Fixing this will help reduce the damage from Joe Biden’s catastrophic border crisis.”
Cotton’s proposal seeks to codify a central component of former President Donald Trump’s America First immigration platform, which has included repeated attempts to end birthright citizenship via executive order. Just last week, Trump’s order was blocked by federal Judge Joseph LaPlante, a George W. Bush appointee, further intensifying conservative calls for legislative action.
The bill comes amid mounting concerns among immigration hawks over the impact of “anchor babies” — a term used to describe U.S.-born children of non-citizen parents. According to a 2023 study by the Center for Immigration Studies, an estimated 225,000 to 250,000 children were born to illegal immigrant parents that year, accounting for roughly 7% of all U.S. births.
Under current policy, these children are granted automatic citizenship under the current interpretation of the 14th Amendment’s Citizenship Clause. When they reach adulthood, they are legally permitted to sponsor parents and relatives for permanent residency — a pathway critics say enables “chain migration” and undermines immigration enforcement.
Cotton’s bill would close this loophole by arguing that the 14th Amendment does not guarantee citizenship to those born in the U.S. who are not “subject to the jurisdiction” of the country, a legal standard whose original meaning, many scholars contend, excluded foreign nationals living in violation of immigration law.
“Anchor babies are rewarded with birthright citizenship despite their parents having no legitimate ties to the U.S., many having only recently arrived,” Cotton said. “We need to restore common sense and legal clarity to our immigration system.”
The Supreme Court has never definitively ruled on whether the 14th Amendment mandates citizenship for children of illegal immigrants, and the legal ambiguity has fueled decades of debate. While proponents of the current policy argue that any child born on U.S. soil is entitled to citizenship, conservative legal scholars maintain that the framers of the 14th Amendment intended otherwise.
The legislation is expected to reignite political battles over immigration in the lead-up to the 2026 midterms, with Democrats and immigration advocates already signaling fierce opposition.
Nonetheless, Cotton’s office believes the bill has significant momentum, particularly as polling shifts in favor of immigration restrictionists for the first time in decades.
The Constitutional Citizenship Clarification Act is expected to face scrutiny, but supporters argue it could ultimately force the Supreme Court to directly weigh in on a constitutional issue that has remained unresolved for more than 150 years.
READ NEXT: MAGA Congressman Introduces Legislation To End Birthright Citizenship
Sponsored
KEEP FLORIDA RED! Democrats are ready to spend MILLIONS! Byron Donalds needs your help. [DONATE]
This should have been in the original document.
Only the babies of Citizens of the USA should be born Citizens.
Others would have to earn their citizenship.