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H.R. 1868 (111th): Birthright Citizenship Act of 2009

The text of the bill below is as of Apr 2, 2009 (Introduced).



1st Session

H. R. 1868


April 2, 2009

(for himself, Mr. Bilbray, Mr. Daniel E. Lungren of California, Mr. Westmoreland, Mr. Jones, Mr. Hensarling, Mr. Franks of Arizona, Mr. Gingrey of Georgia, Mr. Brady of Texas, Mr. Broun of Georgia, Mr. Marchant, Mr. Campbell, Mr. Kingston, Mr. Heller, Mr. Neugebauer, Mr. Jordan of Ohio, Mr. Conaway, Mr. Whitfield, Mr. Linder, Mr. Culberson, Mr. McCotter, Mr. Herger, Mr. Akin, Mr. Gohmert, Mr. Boozman, Mr. Lamborn, Mr. Calvert, Mr. Sam Johnson of Texas, Mr. Royce, Mr. Smith of Nebraska, Mr. Taylor, Mr. Gary G. Miller of California, Mr. Coffman of Colorado, Mrs. Myrick, Mr. Bartlett, Mr. Rohrabacher, Ms. Foxx, Mr. King of New York, Mr. Duncan, Mr. Poe of Texas, and Mr. Price of Georgia) introduced the following bill; which was referred to the Committee on the Judiciary


To amend section 301 of the Immigration and Nationality Act to clarify those classes of individuals born in the United States who are nationals and citizens of the United States at birth.


Short title

This Act may be cited as the Birthright Citizenship Act of 2009.


Citizenship at birth for certain persons born in the United States


In general

Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is amended—


by inserting (a) In general.— before The following;


by redesignating paragraphs (a) through (h) as paragraphs (1) through (8); and


by adding at the end the following:



Acknowledging the right of birthright citizenship established by section 1 of the 14th amendment to the Constitution, a person born in the United States shall be considered ‘subject to the jurisdiction’ of the United States for purposes of subsection (a)(1) if the person is born in the United States of parents, one of whom is—


a citizen or national of the United States;


an alien lawfully admitted for permanent residence in the United States whose residence is in the United States; or


an alien performing active service in the armed forces (as defined in section 101 of title 10, United States Code).




The amendment made by subsection (a)(3) shall not be construed to affect the citizenship or nationality status of any person born before the date of the enactment of this Act.