I 118th CONGRESS 1st Session H. R. 1386 IN THE HOUSE OF REPRESENTATIVES March 7, 2023 Ms. Clarke of New York (for herself, Ms. Adams , Ms. Norton , Mr. Espaillat , Ms. Lee of California , Mr. McGovern , Ms. Tokuda , Mr. Bowman , Mr. García of Illinois , Ms. Tlaib , Mr. Vargas , Ms. Jacobs , Ms. Barragán , Mr. Casar , Ms. Meng , Ms. Williams of Georgia , Mr. Trone , Mr. Johnson of Georgia , and Mr. Ivey ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to provide for the automatic acquisition of citizenship for certain children born outside the United States to a parent who is or becomes a United States citizen, and for other purposes.

1. Short title This Act may be cited as the Equal Citizenship for Children Act of 2023 . 2. Automatic acquisition of citizenship for certain children born outside the united states Section 320 of the Immigration and Nationality Act ( 8 U.S.C. 1431 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking all of the following conditions and inserting each of the following applicable conditions ; (B) by amending paragraph (2) to read as follows: (2) If the parent is a naturalized citizen, the child is under the age of eighteen years at the time of the parent’s naturalization. ; and (C) in paragraph (3)— (i) by striking The child is residing and inserting While under the age of eighteen, the child resides ; (ii) by striking legal and physical custody and inserting legal custody ; and (iii) by inserting before the period at the end the following: , or a pending application to adjust status to lawful permanent resident ; and (2) by adding at the end the following: (e) Definition For purposes of this section, the term child has the meaning given such term in section 101(c), except that such term includes the nonmarital child of a legal custodial citizen father, and the child of a United States citizen parent if the parent-child relationship satisfies the parentage laws of the child’s or parent’s residence or domicile, whether in the United States or elsewhere. (f) Clarifications Any provision of law (including section 301(b) of the Immigration and Nationality Act (as in effect before October 10, 1978), and the provisos of section 201(g) of the Nationality Act of 1940) that provide for a person’s loss of citizenship if the person failed to come to, or reside or be physically present in, the United States shall not apply in the case of a person claiming United States citizenship based on such person’s descent from an individual described in this section. Any provision of law (including sections 301 and 309 of the Immigration and Nationality Act, and the provisos of 201(g) and 205 the Nationality Act of 1940) that require the citizen parent to reside in the United States for a number of years shall be deemed satisfied by subsection (a)(3). (g) Retroactive application This section, as amended by the Equal Citizenship for Children Act of 2023 shall be applied to persons born after noon (Eastern Standard Time), January 9, 1941, as though this section, as amended, had been in effect on the date of their birth, except that the retroactive application described in this subsection shall not affect the validity of citizenship of anyone who has obtained citizenship under any other provision of law. . 3. Children born and residing outside the united states Section 322 of the Immigration and Nationality Act ( 8 U.S.C. 1433 ) is amended by adding at the end the following: (e) Definition For purposes of this section, the term child has the meaning given such term in section 320. .