To amend section 301 of the Immigration and Nationality Act to clarify those classes of individuals born in the United States who are not nationals or citizens of the United States at birth.
The Birthright Citizenship Clarification Act of 2026 would modify federal law to restrict automatic citizenship at birth for certain children born in the United States. Specifically, it would deny citizenship at birth to children whose mother is unlawfully present in the country or temporarily present on a visa (such as student, work, or tourist visas) unless their father is a U.S. citizen, national, or permanent resident. The bill would also preserve existing exceptions for children of foreign diplomats, those born on foreign government ships, and children born during hostile enemy occupation of U.S. territory. The changes would take effect 30 days after enactment and would apply only to persons born after that date, leaving citizenship status unchanged for anyone born before the law takes effect. The bill does not require new funding or establish a specific timeline beyond the 30-day implementation period.
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