Bills
| 3.23.22

Born In The USA: Should A Parent's Legal Status Determine Whether Their Children Get to be Citizens? (S. 45)

Do you support or oppose this bill?

What is S. 45?

(Updated April 19, 2018)

This bill seeks to limit illegal immigration into the U.S. by requiring that for a child born in the U.S. to gain citizenship, at least one of their parents must be a:

  • U.S. citizen;
  • Legal permanent resident;
  • Member of the Armed Forces.

Argument in favor

People are exploiting U.S. law to get citizenship for their children without following the proper protocols. This is unfair to those who wait their turn to immigrate and puts a drain on the American economy.

Argument opposed

This country was founded by people whose parents were born elsewhere. Immigration on the whole, is critical to this country's identity and existence. We’re supposed to welcome the “huddled masses,” not turn them away.

Impact

Children born in the U.S. whose parents aren't U.S. citizens, legal permanent residents, or in the Armed Forces; and the U.S. Citizenship and Immigration Service.

Cost of S. 45

A CBO cost estimate is unavailable.

Additional Info

In Depth: This bill stands in direct opposition to the Fourteenth Amendment that 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.” 

Rather than amend it, however, this bill states that the child being born is only “subject to the jurisdiction of the U.S.” if one of their parents meets one of the above requirements.

Those requirements would be made through changes to the Immigration and Nationality Act. Passed in 1965, it set a number of laws that shape immigration in the modern era, like the abolition of quotas.


Of Note: Sponsoring Rep. David Vitter (R-LA) was named the deputy chair of the Senate Subcommittee on Immigration, Refugees and Border Security for the 114th Congress. He and fellow chairman Jeff Sessions (R-AL) — demonstrated immigration hardliners — have set the stage for what is to be expected in the 114th Republican-controlled Congress.

The bill comes after an executive action by President Obama in November 2014 which provides undocumented immigrants with a number of ways to avoid deportation and gain approved status.

Media:

(Photo Credit: Flickr user NYC Marines)