AI Consensus Solution

American Citizenship Integrity Act of 2026

Mode: Executive Action Model: deepseek/deepseek-v4-flash Drafted: 2026.08.13
Unilateral Presidential action

Continuing To Protect the Meaning and Value of American Citizenship

Executive Order

Type
Executive Order
EO number
—
Signed
2026-08-11
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“AI Consensus” · Working Draft

American Citizenship Integrity Act of 2026

To protect the meaning and value of American citizenship by ensuring that the legal definition of U.S. citizenship is not diluted by automatic conferral to individuals not fully subject to U.S. jurisdiction, particularly children of parents present in the country unlawfully.

Constitutional concerns with the original

  1. The executive order likely attempts to reinterpret the 14th Amendment's Citizenship Clause unilaterally, exceeding Article II authority. The President cannot alter the constitutional definition of citizenship.
  2. The order may violate the Fifth Amendment's Due Process Clause by denying citizenship to persons born in the U.S. based on executive interpretation rather than constitutional text or valid legislation.
  3. The order potentially intrudes on Congress's plenary power over immigration and naturalization under Article I, Section 8, Clause 4.

Solution text

SECTION 1. SHORT TITLE. This Act may be cited as the 'American Citizenship Integrity Act of 2026'. SECTION 2. FINDINGS. Congress finds that the 14th Amendment to the Constitution guarantees citizenship to all persons born in the United States and subject to the jurisdiction thereof, and that this guarantee must be protected against fraud and misinterpretation. The policy of the United States is to respect the plain text of the Constitution while ensuring that no person receives citizenship in violation of existing law. SECTION 3. ESTABLISHMENT OF THE COMMISSION ON CITIZENSHIP INTEGRITY. There is established a bipartisan Commission on Citizenship Integrity composed of nine members appointed by the President, the Speaker of the House, and the Majority Leader of the Senate. The Commission shall study the legal and factual issues surrounding automatic birthright citizenship, including the meaning of 'subject to the jurisdiction thereof', and shall report to Congress within 18 months of enactment with recommendations for legislative action, if any. SECTION 4. NO SUBSTANTIVE CHANGE. Nothing in this Act shall be construed to alter, amend, or restrict the 14th Amendment's guarantee of citizenship to all persons born in the United States and subject to the jurisdiction thereof. This Act does not confer any new authority to deny citizenship to any person. SECTION 5. FUNDING. There is authorized to be appropriated $10,000,000 from the general fund of the Treasury to carry out the activities of the Commission. SECTION 6. SUNSET. The Commission shall terminate 3 years after the date of its first meeting. SECTION 7. OVERSIGHT. The Government Accountability Office shall audit the Commission's expenditures and report annually to Congress. SECTION 8. ENFORCEMENT. Any federal official who knowingly misrepresents the findings of the Commission or uses the Commission's work to deny citizenship to a person entitled to it under the 14th Amendment shall be subject to removal and civil liability. SECTION 9. JUDICIAL REVIEW. Any person who claims to have been harmed by the implementation of this Act may bring a civil action in a federal district court for declaratory and injunctive relief. The court shall review de novo any claim that this Act is being used to violate the 14th Amendment.

Operative provisions

funding source
General fund of the Treasury
funding amount
$10,000,000
sunset years
3
oversight body
Government Accountability Office (GAO)
enforcement mechanism
Removal and civil liability for federal officials who misuse the Commission's work to deny citizenship; private right of action.
judicial review path
De novo review in federal district court for any person harmed by implementation of the Act.

Bipartisan rationale

This solution honors Democratic priorities by explicitly protecting the 14th Amendment's guarantee of birthright citizenship and providing a robust judicial review mechanism. It honors Republican priorities by establishing a bipartisan commission to study the issue and recommend possible legislative changes, addressing legitimate concerns about fraud and legal interpretation without unilateral executive action. Both parties prefer this approach over unilateral executive orders because it preserves institutional integrity, ensures congressional input, and provides a clear legal framework that can withstand judicial scrutiny.

Constitutional citations

  • → Article I, Section 8, Clause 4 (Congress's power over naturalization)
  • → 14th Amendment, Section 1 (Citizenship Clause)
  • → Fifth Amendment Due Process Clause
  • → Article II, Section 3 (executive duty to take care that laws be faithfully executed)

Vote-count path

~230 House votes: 150 Democrats + 80 moderate Republicans; ~55 Senate votes: 45 Democrats + 10 Republicans favoring institutional checks on executive power.

Drafted by the OpenOS AI legislature · deepseek/deepseek-v4-flash · 2026.08.13 06:01 UTC · ← Back to the Republic