II 

118TH CONGRESS 

2D SESSION S. 5223 

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, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25, 2024 

Mr. GRAHAM (for himself and Mr. CRUZ) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

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, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Birthright Citizenship 

5 Act of 2024’’. 


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•S 5223 IS

1 SEC. 2. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS 

2 BORN IN THE UNITED STATES. 

3 (a) IN GENERAL.—Section 301 of the Immigration 

4 and Nationality Act (8 U.S.C. 1401) is amended— 

5 (1) by redesignating subsections (a) through (h) 

6 as paragraphs (1) through (8), respectively; 

7 (2) in the matter preceding paragraph (1), as 

8 so redesignated, by striking ‘‘The following’’ and in9 serting the following: 

10 ‘‘(a) IN GENERAL.—The following’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(b) DEFINITION.—Acknowledging the Citizenship 

13 Clause in section 1 of the 14th Amendment to the Con14 stitution of the United States, a person born in the United 

15 States shall be considered ‘subject to the jurisdiction’ of 

16 the United States for purposes of subsection (a)(1) if the 

17 person is born in the United States of parents, one of 

18 whom is— 

19 ‘‘(1) a citizen or national of the United States; 

20 ‘‘(2) an alien lawfully admitted for permanent 

21 residence in the United States whose residence is in 

22 the United States; or 

23 ‘‘(3) an alien performing active service in the 

24 Armed Forces (as defined in section 101 of title 10, 

25 United States Code).’’. 


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•S 5223 IS

1 (b) APPLICABILITY.—The amendment made by sub2 section (a)(3) may not be construed to affect the citizen3 ship or nationality status of any person born before the 

4 date of the enactment of this Act. 

5 (c) CONFORMING AMENDMENTS.— 

6 (1) The Immigration and Nationality Act (8 

7 U.S.C. 1101 et seq.) is amended— 

8 (A) in the undesignated matter following 

9 section 308(4)(B) (8 U.S.C. 1408(4)(B)), by 

10 striking ‘‘301(g)’’ and inserting ‘‘301(a)(7)’’; 

11 (B) in section 309(a) (8 U.S.C. 

12 1409(a))— 

13 (i) in the matter preceding paragraph 

14 (1), by striking ‘‘(c), (d), (e), and (g) of 

15 section 301’’ and inserting ‘‘(3), (4), (5), 

16 and (7) of section 301(a)’’; and 

17 (ii) in subsection (b), by striking 

18 ‘‘301(g)’’ and inserting ‘‘301(a)(7)’’; and 

19 (C) in section 341(a) (8 U.S.C. 1452(a)), 

20 by striking ‘‘(c), (d), (e), or (g) of section 301’’ 

21 and inserting ‘‘(3), (4), (5), or (7) of section 

22 301(a)’’. 


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•S 5223 IS

1 (2) The Act of March 16, 1956 (70 Stat. 50, 

2 chapter 85; 8 U.S.C. 1401a), is amended by striking 

3 ‘‘301(g)’’ and inserting ‘‘301(a)(7)’’. 

Æ 


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