Official Bill Info

• Latest Action: May 26, 2009 Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.

  Clicking this will add the following text:

  I know the most recent action for this bill is as follows: "Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law." on May 26, 2009
• Committee Assignment: House Judiciary

  Clicking this will add the following text:

  This bill has been assigned to the House Judiciary committee.
• Committee Assignment: House Judiciary - Immigration, Citizenship, Refugees, Border Security, and International Law

  Clicking this will add the following text:

  This bill has been assigned to the House Judiciary - Immigration, Citizenship, Refugees, Border Security, and International Law committee.

Bill Statistics on OpenCongress

Contribution Data

OpenCongress Bill Summary

• This bill would eliminate birthright citizenship for children born to undocumented immigrants in the U.S. Current U.S. law automatically recognizes any person born on American soil as a natural born citizen. Under the bill, only children with at least one parent who is a U.S. citizen, a legal permanent resident, or an undocumented immigrant serving in the military would be considered citizens.

  Clicking this will add the following text:

  Here's a summary from OpenCongress.org: This bill would eliminate birthright citizenship for children born to undocumented immigrants in the U.S. Current U.S. law automatically recognizes any person born on American soil as a natural born citizen. Under the bill, only children with at least one parent who is a U.S. citizen, a legal permanent resident, or an undocumented immigrant serving in the military would be considered citizens.

Most-commented sections of the bill text

• Mr. DEAL of Georgia (for himself, Mr. BILBRAY, Mr. DANIEL E. LUNGREN of California, Mr. WESTMORELAND, Mr. JONES, Mr. HENSARLING, Mr. FRANKS of Arizona, Mr. GINGREY of Georgia, Mr. BRADY of Texas, Mr. BROUN of Georgia, Mr. MARCHANT, Mr. CAMPBELL, Mr. KINGSTON, Mr. HELLER, Mr. NEUGEBAUER, Mr. JORDAN of Ohio, Mr. CONAWAY, Mr. WHITFIELD, Mr. LINDER, Mr. CULBERSON, Mr. MCCOTTER, Mr. HERGER, Mr. AKIN, Mr. GOHMERT, Mr. BOOZMAN, Mr. LAMBORN, Mr. CALVERT, Mr. SAM JOHNSON of Texas, Mr. ROYCE, Mr. SMITH of Nebraska, Mr. TAYLOR, Mr. GARY G. MILLER of California, Mr. COFFMAN of Colorado, Mrs. MYRICK, Mr. BARTLETT, Mr. ROHRABACHER, Ms. FOXX, Mr. KING of New York, Mr. DUNCAN, Mr. POE of Texas, and Mr. PRICE of Georgia) introduced the following bill; which was referred to the Committee on the Judiciary (4 comments, Link )

  Clicking this will add the following text:

  specifically, this section of the legislation: "Mr. DEAL of Georgia (for himself, Mr. BILBRAY, Mr. DANIEL E. LUNGREN of California, Mr. WESTMORELAND, Mr. JONES, Mr. HENSARLING, Mr. FRANKS of Arizona, Mr. GINGREY of Georgia, Mr. BRADY of Texas, Mr. BROUN of Georgia, Mr. MARCHANT, Mr. CAMPBELL, Mr. KINGSTON, Mr. HELLER, Mr. NEUGEBAUER, Mr. JORDAN of Ohio, Mr. CONAWAY, Mr. WHITFIELD, Mr. LINDER, Mr. CULBERSON, Mr. MCCOTTER, Mr. HERGER, Mr. AKIN, Mr. GOHMERT, Mr. BOOZMAN, Mr. LAMBORN, Mr. CALVERT, Mr. SAM JOHNSON of Texas, Mr. ROYCE, Mr. SMITH of Nebraska, Mr. TAYLOR, Mr. GARY G. MILLER of California, Mr. COFFMAN of Colorado, Mrs. MYRICK, Mr. BARTLETT, Mr. ROHRABACHER, Ms. FOXX, Mr. KING of New York, Mr. DUNCAN, Mr. POE of Texas, and Mr. PRICE of Georgia) introduced the following bill; which was referred to the Committee on the Judiciary",
• ‘(b) Definition- Acknowledging the right of birthright citizenship established by section 1 of the 14th amendment to the Constitution, a person born in the United States shall be considered ‘subject to the jurisdiction’ of the United States for purposes of subsection (a)(1) if the person is born in the United States of parents, one of whom is-- (1 comments, Link )

  Clicking this will add the following text:

  specifically, this section of the legislation: "‘(b) Definition- Acknowledging the right of birthright citizenship established by section 1 of the 14th amendment to the Constitution, a person born in the United States shall be considered ‘subject to the jurisdiction’ of the United States for purposes of subsection (a)(1) if the person is born in the United States of parents, one of whom is--",

Highest Rated User Comments

• On July 28, 2009, by raysmock - "and subject to the jurisdiction thereof" was added to overcome court decisions such as The Dred Scott Decision and other language in laws denying citizenship to freed slaves born in the US. But children born to individuals in the US who are foreign diplomats or have visitors visas are not citizens because they are not subject to the laws of the US. The current interpretation goes back to s court case in the 1890's whereby a person born in the US to Chinese workers who were not citizens but remained loyal to the Chinese Emperor was refused reentry into the US after his parents returned to China. But ask illegals who they are loyal to, The US or their home country. Most would say their home country. Therefore, are they really subject to the jurisdiction. Ask their children. They are loyal to the country of their heritage. This bill needs to be passed. It would stop illegal immigration overnight.

  Clicking this will add the following text:

  As noted by raysmock, a user on OpenCongress.org, on July 28, 2009, ""and subject to the jurisdiction thereof" was added to overcome court decisions such as The Dred Scott Decision and other language in laws denying citizenship to freed slaves born in the US. But children born to individuals in the US who are foreign diplomats or have visitors visas are not citizens because they are not subject to the laws of the US. The current interpretation goes back to s court case in the 1890's whereby a person born in the US to Chinese workers who were not citizens but remained loyal to the Chinese Emperor was refused reentry into the US after his parents returned to China. But ask illegals who they are loyal to, The US or their home country. Most would say their home country. Therefore, are they really subject to the jurisdiction. Ask their children. They are loyal to the country of their heritage. This bill needs to be passed. It would stop illegal immigration overnight."
• On July 28, 2009, by dcornwall - You cannot amend a Constitutional amendment with a statute. You would need to use the process of Constitutional Amendment found at http://www.archives.gov/federal-register/constitution/ to amend or repeal the 14th Amendment. That process states that an amendment can only be "proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures." Once it is proposed, the amendment would then have to be ratified by three-fourths of the States (38 of 50 States). I'm glad for this process, because this bill would put us in the same camp as Kuwait where there have been multiple generations born in that country w/o gaining citizenship. Many Americans condemned that back in 1990 and it's not the right thing to do now.

  Clicking this will add the following text:

  As noted by dcornwall, a user on OpenCongress.org, on July 28, 2009, "You cannot amend a Constitutional amendment with a statute. You would need to use the process of Constitutional Amendment found at http://www.archives.gov/federal-register/constitution/ to amend or repeal the 14th Amendment. That process states that an amendment can only be "proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures." Once it is proposed, the amendment would then have to be ratified by three-fourths of the States (38 of 50 States). I'm glad for this process, because this bill would put us in the same camp as Kuwait where there have been multiple generations born in that country w/o gaining citizenship. Many Americans condemned that back in 1990 and it's not the right thing to do now. "
• On May 29, 2009, by donnyshaw - Here's the relevant section of the 14th amendment: "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." http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution

  Clicking this will add the following text:

  As noted by donnyshaw, a user on OpenCongress.org, on May 29, 2009, "Here's the relevant section of the 14th amendment: "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." http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution"

Highly Rated Blog Articles

• PBS 'Need To Know' Documentary Tackles Border Patrol Abuse - July 24, 2012 by The Huffington Post News Editors - Nathan Deal (R-GA) <a href="http://www.huffingtonpost.com/2009/05/26/nathan-deal-georgia-lawma_n_207485.html " target="_hplink">introduced</a> a similar <a href="http://www.opencongress.org/bill/111-h1868/show"

  Clicking this will add the following text:

  As noted by The Huffington Post News Editors on July 24, 2012, "Nathan Deal (R-GA) &lt;a href=&quot;http://www.huffingtonpost.com/2009/05/26/nathan-deal-georgia-lawma_n_207485.html &quot; target=&quot;_hplink&quot;&gt;introduced&lt;/a&gt; a similar &lt;a href=&quot;http://www.opencongress.org/bill/111-h1868/show&quot; " (/url?q=http://www.huffingtonpost.com/2012/07/23/pbs-need-to-know-border-patrol-abuse_n_1694746.html&sa=U&ei=2YURULzKGeSK7AG4m4HQCQ&ved=0CCIQmAEwAQ&usg=AFQjCNFvXXfE14kQqRsvuXfnI82VggrQgQ)
• PBS 'Need To Know' Documentary Tackles Border Patrol Abuse - July 23, 2012 by The Huffington Post News Editors - Nathan Deal (R-GA) <a href="http://www.huffingtonpost.com/2009/05/26/nathan-deal-georgia-lawma_n_207485.html " target="_hplink">introduced</a> a similar <a href="http://www.opencongress.org/bill/111-h1868/show"

  Clicking this will add the following text:

  As noted by The Huffington Post News Editors on July 23, 2012, "Nathan Deal (R-GA) &lt;a href=&quot;http://www.huffingtonpost.com/2009/05/26/nathan-deal-georgia-lawma_n_207485.html &quot; target=&quot;_hplink&quot;&gt;introduced&lt;/a&gt; a similar &lt;a href=&quot;http://www.opencongress.org/bill/111-h1868/show&quot; " (/url?q=http://www.huffingtonpost.com/2012/07/23/pbs-need-to-know-border-patrol-abuse_n_1694746.html&sa=U&ei=YyIYUICmCZS-9gSL-oDIBw&ved=0CCIQmAEwAQ&usg=AFQjCNFOXcyytzWmqfJBkdjR7im6hLbtzw)
• More Immigration Attorneys Turn To Online Petitions - July 18, 2012 by The Huffington Post News Editors - Nathan Deal (R-GA) <a href="http://www.huffingtonpost.com/2009/05/26/nathan-deal-georgia-lawma_n_207485.html " target="_hplink">introduced</a> a similar <a href="http://www.opencongress.org/bill/111-h1868/show"

  Clicking this will add the following text:

  As noted by The Huffington Post News Editors on July 18, 2012, "Nathan Deal (R-GA) &lt;a href=&quot;http://www.huffingtonpost.com/2009/05/26/nathan-deal-georgia-lawma_n_207485.html &quot; target=&quot;_hplink&quot;&gt;introduced&lt;/a&gt; a similar &lt;a href=&quot;http://www.opencongress.org/bill/111-h1868/show&quot; " (/url?q=http://www.huffingtonpost.com/2012/07/18/immigration-attorney-online-petition_n_1680604.html&sa=U&ei=YyIYUICmCZS-9gSL-oDIBw&ved=0CCwQmAEwAw&usg=AFQjCNGvPeeQtXaTcnelgVBMZSyOHnUG8Q)

Highly Rated News Articles

• - August 11, 2010 by Marketplace (blog) - Australia's birthright citizenship requirements are much more stringent than those of HR 1868 and took effect in 2007.New Zealand repealed in 2006. ...

  Clicking this will add the following text:

  As noted by Marketplace (blog) on August 11, 2010, " Australia&#39;s birthright citizenship requirements are much more stringent than those of HR 1868 and took effect in 2007.New Zealand repealed in 2006. ... " (http://marketplace.publicradio.org/display/web/2010/08/12/pm-impact-of-illegal-immigrant-births/)
• - August 09, 2010 by Abilene Reporter-News - “I believe our efforts would be better served by focusing on legislation such as HR 1868 and other measures aimed at securing the border, correcting our ...

  Clicking this will add the following text:

  As noted by Abilene Reporter-News on August 09, 2010, " “I believe our efforts would be better served by focusing on legislation such as HR 1868 and other measures aimed at securing the border, correcting our ... " (http://www.guardian.co.uk/commentisfree/cifamerica/2010/aug/09/14th-amendment-illegal-immigrants-republicans)
• Marco Rubio announces his opposition to changing the 14th Amendment - August 09, 2010 by The Florida Independent (blog) - Australia's birthright citizenship requirements are much more stringent than those of HR 1868 and took effect in 2007.New Zealand repealed in 2006. ...

  Clicking this will add the following text:

  As noted by The Florida Independent (blog) on August 09, 2010, " Australia&#39;s birthright citizenship requirements are much more stringent than those of HR 1868 and took effect in 2007.New Zealand repealed in 2006. ... " (http://floridaindependent.com/5684/marco-rubio-announces-his-opposition-to-changing-the-14th-amendment)