Rep. John McGuire introduces the Birthright Citizenship Clarification Act of 2026

July 9, 2026
Press Release

WASHINGTON, D.C. — Today, Representative John McGuire (VA-05) introduced the Birthright Citizenship Clarification Act of 2026 to reaffirm what it means to be an American citizen and protect our country from those who seek to cheat the citizenship process.

“American citizenship is a privilege, and an honor that must be protected,” said Rep. John McGuire (VA-05). “For too long, foreign nationals have exploited the process of birthright citizenship through loopholes like birth tourism, devaluing what it means to be an American. My Birthright Citizenship Clarification Act of 2026 safeguards the privilege of being a citizen of our great nation. Republicans are committed to securing our borders and ensuring the people coming to our great country value and follow the ideals that make America so special.”

“As Justices Thomas, Alito and Gorsuch made clear, President Trump’s executive order was consistent with the Citizenship Clause and the Supreme Court’s 1898 decision in United States v. Wong Kim Ark,” said Fred McGrath, President of the Institute for Legislative Analysis. “Justice Kavanaugh noted that Congress has the authority to resolve the statutory conflict, and the Birthright Citizenship Clarification Act directly answers that concern. We are confident the Court’s six conservative justices would find that it meets the constitutional standard if challenged.”

Background:  

  • The Birthright Citizenship Clarification Act of 2026 reserves in federal statutory law the historical exceptions to citizenship at birth for children of foreign sovereigns or their ministers, persons born on foreign public ships, and children of enemies within and during a hostile occupation of part of the territory of the United States.
  • Amends section 301(a) of the Immigration and Nationality Act (8 U.S.C. 1401(a)) in the manner identified by Justice Kavanaugh by establishing statutory exceptions for persons born in the United States to foreign citizens unlawfully or temporarily present in the United States
  • Defines lawful, but temporary presence by reference to temporary presence categories reflected in Executive Order 14160, including the Visa Waiver Program and student, work, tourist, and other non-immigrant visas
  • A person born in the United States shall not be considered born subject to the jurisdiction of the United States, and shall not be a national or citizen of the United States at birth if, at the time of such person’s birth—
    • The person is a child of a foreign sovereign or a minister of a foreign sovereign
    • The person is born on a foreign public ship
    • The person is a child of an enemy within and during a hostile occupation of any part of the territory of the United States
    • The person’s mother is an alien who is unlawfully present in the United States, and the person's father is not, at the time of such person's birth, a citizen or national of the United States or an alien lawfully admitted for permanent residence
    • Or, the person's mother is an alien whose presence in the United States is lawful but temporary and the person's father is not, at the time of such person's birth, a citizen or national of the United States or an alien lawfully admitted for permanent residence

A copy of the bill can be found here.