February 20, 2025
Ms. Rosen (for herself, Mr. Durbin, Mr. Schatz, Mr. Padilla, Mr. Van Hollen, Mr. Blumenthal, Ms. Cortez Masto, Mrs. Shaheen, Mr. Booker, Mr. Welch, and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To prohibit the use of funds to carry out Executive Order 14160.
Section 1. Short title
This Act may be cited as the Born in the USA Act
.
Sec. 2. Findings
Congress makes the following findings:
(1)
On January 20, 2025, President Trump issued the flagrantly and clearly unconstitutional Executive Order 14160 (90 Fed. Reg. 8449), entitled Protecting the Meaning and Value of American Citizenship
, to prohibit the departments and agencies of the United States Government from recognizing the citizenship of certain children born in the United States.
(2)
The 14th Amendment to the Constitution of the United States unambiguously states: 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.
.
(3)
In 1898, the Supreme Court of the United States issued a decision United States v. Wong Kim Ark, 169 U.S. 649 (1898) interpreting the birthright citizenship clause of the 14th Amendment to the Constitution of the United States.
(4)
In United States v. Wong Kim Ark, 169 U.S. 649 (1898), the Supreme Court of the United States concludes that—
(A)
[t]he Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens
; and
(B)
[i]t can hardly be denied that an alien is completely subject to the political jurisdiction of the country in which he resides…it is well known that, by the public law, an alien, or a stranger born, for so long a time as he continues within the dominions of a foreign government, owes obedience to the laws of that government
.
(5)
Federal courts around the country have weighed in against the constitutionality of Executive Order 14160 (90 Fed. Reg. 8449).
(6)
Birthright citizenship is a right guaranteed by the Constitution of the United States and further enshrined in Federal law in title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.); therefore, birthright citizenship cannot be rescinded by executive order or by an Act of Congress.
Sec. 3. Prohibition on use of funds
No funds may be appropriated or otherwise made available to carry out Executive Order 14160 (90 Fed. Reg. 8449; relating to protecting the meaning and value of American citizenship) (or any successor executive order, regulation, or policy).