WASHINGTON (Gray DC) – A group of congressional Republicans introduced a bill on Thursday that they said would codify President Donald Trump’s birthright executive order that ends birthright citizenship for children of undocumented immigrants.
Rep. Brian Rabin (R-TX) led the lawmakers in the announcement of the Birthright Citizenship Act. They said the bill is intended to restore the 14th Amendment to its original purpose and “end the misuse of birthright citizenship.”
“President Trump has made it clear that restoring fairness to our immigration system and defending the true intent of the 14th Amendment are central to his vision of making America great again,” said Rep. Babin. “His historic executive order to end birthright citizenship marks a critical step forward. And now, with the Birthright Citizenship Act of 2025, we can solidify these reforms into lasting law and codify them.”
Shortly after the bill was introduced in the House, a federal judge temporarily blocked the president’s executive order for 14 days, after calling it “blatantly unconstitutional.”
The lawmakers said the legislation ensures that automatic citizenship is granted only to children born in the United States with at least one parent who meets one of the following criteria:
- A citizen or national of the United States
- A lawful permanent resident whose residence is in the United States; or
- A lawful immigrant performing active service in the United States Armed Forces.
Several of the lawmakers said that the 14th Amendment was never intended to grant citizenship to children of parents who enter the country illegally.
“President Trump’s executive order on birthright citizenship puts America first. Now Congress must take action and pass this bill to close the loopholes that have gotten us here,” said Rep. Dale Strong (R-AL). “Plainly said, birthright citizenship incentives illegal immigration.”
The 14th Amendment established birthright citizenship in 1868. It states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
The right was upheld after a Supreme Court ruling in United States v. Wong Kim Ark in 1898.
While the congressional Republicans behind the bill and President Trump contend that the amendment has been misinterpreted, Democrats and some immigration groups disagree. They said the efforts to end birthright citizenship are unconstitutional and could lead to other issues for the country.
“This executive order is not only going to be burdensome. It is ludicrous and it’s unconstitutional,” said Rep. Ted Lieu (D-CA)
“The idea that we would create a permanent subclass of children who, this is the only home they’ve ever known, they pledge allegiance to the flag every day in our classrooms, they ultimately grow up and they fight in our army, they create, some of the Fortune 500 companies that our economy depends on, I just think it is, both the wrong thing to do and it’s unwise,” said Krish O’Mara Vignarajah, President and CEO of Global Refuge.
American University constitutional law professor Stephen Wermiel said that both the bill and executive order will not hold up legally.
“I think this legislation is a way of trying to show support and loyalty to Trump,” said Wermiel. “And if it passes, it has absolutely no meaning whatsoever. Neither the president nor Congress can change the language of a constitutional amendment.”
Wermiel said the right to birthright citizenship can only be ended by adopting a new constitutional amendment or by the Supreme Court reinterpretation of the 14th Amendment.
“I think the goal here for Trump is ultimately to get it to the Supreme Court and hope that the Supreme Court interprets the 14th Amendment his way,” he said. “Which I don’t think is likely but is not impossible.”
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