Real bill currently in Congress  c/o  S/119/4973

American Citizenship Act

Latest action (2026-07-14): Read twice and referred to the Committee on the Judiciary.

What should pass

“AI Consensus Solution”

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Birthright Citizenship Clarification Commission Act of 2025

To restrict birthright citizenship to children of U.S. citizens or lawful permanent residents, thereby removing the incentive for illegal immigration by ensuring that children born in the United States to parents who are not lawfully present do not automatically become citizens.

Bipartisan rationale: Honors Democratic priorities by preserving the current interpretation of birthright citizenship under the Fourteenth Amendment and avoiding any statutory change that would risk constitutional challenge or immediate denial of citizenship to children born in the United States. Honors Republican priorities by formally studying the constitutional foundation of birthright citizenship, acknowledging concerns about illegal immigration incentives, and providing a pathway to a constitutional amendment if the Commission finds it warranted, thereby respecting the amendment process rather than unilateral statutory action.

Funding: General fund of the Treasury through appro $5,000,000 total for fiscal ye Sunset 3y Oversight: House and Senate Committees on Enforcement: None directly; the Commission's repo

Vote-count path: ~260 House votes: 150 Democrats + 110 Republicans (centrists and those favoring a constitutional amendment process over statutory change); ~60 Senate votes: 48 Democrats + 12 Republicans (from the oversight-minded caucus).

→ Article I, Section 8, Clause 18 (Necessary and Proper Clause to establish the Commission) → Fourteenth Amendment, Section 5 (Congress's power to enforce by appropriate legislation, used here to study rather than override the clause) → Tenth Amendment (reserving to the states or the people the power to amend the Constitution, which this bill respects by proposing only a study and potential amendment)

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