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On January 5, four Republican Congressmen, along with 26 co-sponsors, introduced H.R. 140, the Birthright Citizenship Act of 2011. This bill would amend the Immigration and Nationality Act’s birthright citizenship requirements (8 U.S.C. § 1401) so that individuals born in the United States will be granted citizenship only if at least one parent is:
- a U.S. citizen or national;
- a lawful U.S. permanent resident; or
- an alien performing active service in the armed forces.
Currently, an individual born on U.S. soil is considered a citizen or national. Rep. Steve King (R–IA), primary sponsor of the Act, claims the bill prevents illegal immigrants from obtaining U.S. immigration benefits by virtue of their U.S.-born children.
The Director of the American Civil Liberties Union Washington Legislative Office contends the bill violates the Citizenship Clause of the Fourteenth Amendment to the U.S. Constitution, which provides that “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 bill has been referred to the House Judiciary Committee.