H.R.1868 - Birthright Citizenship Act of 2009

To amend section 301 of the Immigration and Nationality Act to clarify those classes of individuals born in the United States who are nationals and citizens of the United States at birth. view all titles (2)

All Bill Titles

  • Official: To amend section 301 of the Immigration and Nationality Act to clarify those classes of individuals born in the United States who are nationals and citizens of the United States at birth. as introduced.
  • Short: Birthright Citizenship Act of 2009 as introduced.

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Displaying 91-120 of 140 total comments.

  • Comm_reply
    battle 06/03/2009 4:29pm

    “but you must ALSO have to be born on American soil. Not one or the other. Both conditions must apply.”

    Children of American parentage, wherever born, are within the constitutional designation, “natural-born citizens”: that is, their American citizenship is NATURAL — the result of PARENTAGE — and is NOT artificial or acquired by compliance with legislative requirements.



    The presidential eligibility clause was scarcely intended to bar the children of American parentage, whether born at sea or in foreign territory. A natural-born citizen has been defined as one whose citizenship is established by the jurisdiction which the United States already has over the parents of the child, not what is thereafter acquired by choice of residence in this country.

  • burke524 06/03/2009 11:54am
    Link Reply
    + -1

    The 14th Amendment does not say that children born of illegal aliens are considered Citizens of the United States. The left says the Constitution is a living document. I do not agree with that but it is open for debate. We still do not know if the current leader of the not so free anymore world, is legally eligible to be the President for sure. All we know is what they have told us…

  • battle 06/03/2009 4:17pm

    OpenCongress Summary: “Current U.S. law automatically recognizes any person born on American soil as natural born citizen”

    That’s grossly INcorrect. It reflects poorly on you, OpenCongress.

    Title 8, Section 1401 of the U.S. Code defines a national and citizen of the United States “at birth”. This legal definition does NOT include the phrase “natural born.”

    • a person born in the United States, and subject to the jurisdiction thereof; ….


    Natural-born citizen must mean one who is a citizen by no act of law. If a person owes their citizenship to some act of law, they cannot be considered a natural-born citizen. Children of American parentage, wherever born, are within the constitutional designation, “natural-born citizens”: that is, their American citizenship is natural — the result of parentage — and is not artificial or acquired by compliance with legislative requirements.

  • battle 06/03/2009 4:21pm

    Natural-born citizen must mean one who is a citizen by no act of law. If a person owes their citizenship to some act of law, they cannot be considered a natural-born citizen. Children of American parentage, wherever born, are within the constitutional designation, “natural-born citizens”: that is, their American citizenship is natural — the result of parentage — and is not artificial or acquired by compliance with legislative requirements.


  • wbg2271 06/04/2009 8:12am
    I’m scared whenever we try to change the constitution. But I don’t think illegal parents should automatically become citizens, lets remember they have commited a crime. The problem is can you deport the illegal parents? and the child with them?
  • sam123 06/05/2009 11:13am

    This bill is going to have an adverse effect on illegal immigration. Currently children born for un-documented parents are documented and legal citizens. This bill would make them un-documented children, essentially multiplying the problem. I think law makers should think a little more about the consequences of their actions.

    The bill also assumes that only green card holders and military personal are the only legals of foreign origin. It is ignorant about numerous other categories of legal presences. This would eventually create more loopholes and add to the problems of a broken immigration system in this country.

  • Comm_reply
    apache01 07/28/2009 12:57pm

    How in the hell, would taking away the current gift of automatic citizenship of a child who just so happens to have been born on American soil, and make the undocumented as well as their criminal parents, mulitply the problem? Can you answer me that please? It would only make the whole mess a lot simpler for all. If you’re not legal, or documented, then you have no rights here and are not welcome because you broke our laws crossing the border illegaly in the first place, and any children you have while here, are not citizens here either, and you, and all your undocumented family, can go back to where ever it is you came from until you decide to abide by our laws and guidelines, and come here the lawful and correct way! How does that multiply any complications?

  • JinOhio 06/05/2009 4:17pm
    Link Reply
    + -1

    “OpenCongress Summary: [of H.R. 1868]
    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 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.”

    The second sentence of your summary is not correct. Currently, the person born on U.S. soil is a citizen. But your statement is not correct. Being born on U.S. soil does not equal ‘natural born citizen.’

  • eagle 06/13/2009 5:15am

    Under the current amendment to HR Bill 1868 their is a clause that states “undocumented immigrant serving in the military would be considered a citizen”, How does an UNDOCUMENTED person enter the U.S. Military? Talk about opening doors to terrorists within our own military. Warning before long Congress will slide in an amendment to allow these citizens to run for President. Say nothing of the on going controversy of our current President.

  • Comm_reply
    pramsey 07/25/2009 9:28am

    eagle, From what I see there is no current amendment to HR 1868. And it doesn’t state “undocumented immigrant serving in the…” it states “‘(3) an alien performing active service in the armed forces (as defined in section 101 of title 10, United States Code).” Aliens (the legal immigrant variety) are allowed to serve in the US armed services, but there functions / responsibilities are limited by the need for appropriate security clearances. As a veteran, I have served along side citizens of Norway, Canada and Britain, all wearing the uniform of the US Navy.

  • Comm_reply
    MissGG52 06/14/2010 8:03am

    “An ALIEN performing active service in the U.S. Armed Forces.” This means anyone who is not a U.S. Citizen. And this sure opens the door to undocumented illegals. There are 12 to 20 million Mexican illegals in our country, it would be EASY for them to be in the military.
    Official Summary
    4/2/2009—Introduced.Birthright Citizenship Act of 2009 – Amends the Immigration and Nationality Act to consider a person born in the United States “subject to the jurisdiction” of the United States for citizenship at birth purposes if the person is born in the United States of parents, one of whom is:
    (1) a U.S. citizen or national;
    (2) a lawful permanent resident alien whose residence is in the United States; or
    (3) an alien performing active service in the U.S. Armed Forces.

  • Comm_reply
    MissGG52 06/14/2010 8:28am

    Our politicians can do just as they have with the laws on illegal immigration, just turn a blind eye to it all. This bill is better than what we presently have but it opens the door to too many illegals, once again. Just when it “looks” like something is being done that the majority of Americans support, there is always a “loophole” for them to slide through.

  • Teekno 06/15/2009 3:41pm

    This bill is pointless. Birthright citizenship is guaranteed by the 14th Amendment, and this bill is not a constitutional amendment.

    It’s just going to be overturned. This isn’t law, it’s a platform for people to look like they’re trying to do something about the issue when they know they can’t.

  • BRAD79 06/29/2009 6:41am


  • RJN 07/06/2009 11:49am

    This bill addresses common sense issue. Think lack of this law is one reason that is creating massive influx of illegal act (entering or staying in US without valid visa with a hope of citizenship through children). Many countries have amended citizenship rights based on the principle that only a citizen (or legal resident) have the right to claim citizenship.

  • dc05387 07/08/2009 10:42am

    AGREE, AGREE with this bill. What part of ILLEGAL doesn’t anyone understand? Illegal parents come across when pregnant to have their child or stay and have more children so that the child becomes a US citizen and then they hope the US Gov’t doesn’t send the parents back since their child is a US born. If this passes then many will think twice about coming here knowing that their child will not be US citizen and give them a right to stay, which is they (illegals) have no rights since they came here illegally. My grand parents came here LEGALLY, as they did it the right way.

  • Jasker 07/16/2009 9:40am

    While serving in the military, my son was born in Germany. German law in regards to citizenship is that my son when he turns 18 has the right to claim his citizenship as a German if he so chooses. In regards to this bill since we are talking about illegal aliens that had a child on American soil then, yes, that child when he/she turns 18 has the automatic right to be a American citizen, until then deport them. I support this bill.

  • Comm_reply
    apache01 07/27/2009 7:52pm
    Link Reply
    + -1

    One thing of important note here Jasker, we aren’t discussing how things are done over in Germany. This is the US, and we have had immigration laws and guidelines on the books for decades now. These people slap every US legal citizen, and our laws, in the proverbial face by coming here illegaly and intentionally breaking our Federal Laws on the matter. Those going thru the proper channels, as did their parents, and their grandparents, and even their great grandparents, who ALL came here by the guidelines, and legally, should all be outraged and insulted by those who willingly break and mock our laws. If they aren’t willing to abide by our laws upon entering this country, why should anyone believe they will abide by our laws after they get here? They WON’T!!! How other countries do things is irrelavent to this issue entirely. Other countries, do not have the same Constitution, nor same laws and regulations that we do.

  • BudWiser 07/21/2009 11:12pm
    Link Reply
    + -1

    This sounds like a good bill. Things in the immigration arena are out of control particularly since B.J. Klinton. INS is a politicized agency that does whatever the administration in order to recruit more Democratic votes while the country goes to Hell in a hand basket!

  • apache01 07/27/2009 8:37am
    Link Reply
    + -1

    People, this isn’t rocket science! If these people weren’t criminals, as most all of them say, then why are they NOT coming here legally? They know full well they choose to break our laws before they ever leave their own countries soil! They know beforehand, they are breaking our laws by smuggling across the borders as they all do and stealing others identities to gain work here illegally! That makes them FELONS!!!! These crimes are Federal laws they are breaking, so don’t just charge them with fricking misdemeanor charges!!! They willingly broke our Federal immigration laws, that’s one Felony charge. Many after getting here, use stolen identities and documents, that’s even more Felony charges. Get them the F*%K out and stop pussyfootin with em about the Federal laws they willingly choose to break, and free up about 15 million American jobs for real LEGAL Americans to fill which would pump into the economy, how many millions of dollars? Can we say Duhhhh?

  • Comm_reply
    roxrunner 10/12/2009 8:32am

    They didn’t come here legally because the system in place prevents them from doing so, check immigration laws on this. My great grandparents became legal residents by arriving on a boat and not being sick. Today, the process takes many, meany years, 13 if you’re a Mexican, for instance. That’s why. Second, the illegal immigrants are not taking jobs from U.S. citizens, they are filling jobs that need doing that no one here would do for a low wage. So, they fill an economic void WE created for them. If U.S. employers, particularly in the service industries, were willing to pay fair wages, the illegal immigrants would not come here b/c there would not be anything for them here. It’s like ants in your kitchen: if you leave out the crumbs, the ants will come for them. The ants didn’t cause the problem, you did by leaving out something they valued. If you want to fix the problem, don’t start with the symptom, start with the root cause: employers and fair wages.

  • apache01 07/27/2009 8:56am
    Link Reply
    + -1

    These people broke our laws!!! It isn’t about Democrats or Republicans. Do your homework!!! While Mr. Bush was still in office, about 2 or 3 years ago, HE, wanted to find ways to allow all these illegals to stay here AND to make them legal citizens! How frickin stupid!!!??? These people commit felony crimes against our country in several ways by breaking FEDERAL Laws, and this genious wants to award them with not only legal documentation, but give them full citizenship. But since the Dems now have most of the power in Washington, most Rebulicans flip the table and say this is the Democrats stance on this issue, yet while the Rebublicans had most of the power, THEY, the Republicans were the ones wanting to let them all stay. Bush’s own speaches on letting them stay, was all over the TV, on EVERY news channel for weeks about this. FOX, MSNBC, CBS, on all of them. So it’s not just Dems or Repubs here.

  • tweetybird193 07/27/2009 9:27pm
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    + -1

    Foreigners are not subjects of the USA and there for their children are NOT US citizens. The 14th Amendment SUPPORTS this bill

  • apache01 07/28/2009 9:08am
    Link Reply
    + -1

    You’re absolutely right tweetybird!! So why is it then, that the ACLU spends all of its time and money defending these lying, thieving, law breaking criminals coming here illegaly, instead of defending American Citizens and OUR rights? After all, doesn’t ACLU stand for American Civil Liberties Union? They aren’t Americans, so they have no rights here, or any right to even speak their minds or peace on ANY issue in our country. If they want the Rights of Americans, and a voice on issues, and to be represented by the ACLU, then they should go back where they came from, and go thru the proper channels and proceedures! Till that happens, they all need to sit down and shut up since they aren’t supposed to be here in the first place!

  • nelsonb95 08/12/2009 7:58pm

    Thank goodness! I’ve heard of many cases where there was much mishandling [by the government] over this and nobody ever cared about handling the situation!

  • squidman777 08/20/2009 5:50am

    I strongly support this as I believe ILLEGAL IMMIGRANTS have been screwing the USA by using this issue for so long and we just keep letting them get away with it. Our government is soft and it is time to make a stand and start to stop all the stupid things that all the dumb well wishers keep doing that continue to suck the future away from our country. If these people want to be a part of our great USA then do it right, work for it just like we all have to.

  • eakle 09/10/2009 1:08pm

    America’s population would be stable were it not for issues with our borders: both legal and illegal immigration. Anything over 100,000 per year of total immigration creates a net increase in our population. If we continue allowing so many immigrants for enough years, we’ll wind up crowded like China. We need to control our borders — if we did that, then this bill isn’t an issue cause so few would be coming in illegally.

  • euda 09/12/2009 10:09am

    I am interested to know if any other country in the world grants automatic citizenship upon birth? I will have to research that. At any rate, we have to do something and this looks like a step forward for a change. I also wonder the nationality of those who are so strongly opposed? I somehow do not feel that the threat to our constitution is the driving force behind the objections – more than likely more personal than that. America belongs first and foremost to it’s citizens who have had family members fight and die for generations for their country. Now, that creates a loyalty that simply living here and taking advantage of the system will never produce.

  • claudy27 09/14/2009 11:40am

    The only way for this method to be legal is for the constitution’s citizenship clause of Amendment 14, Section 1, to be amended. A bill cannot (at least should not…) change the basic rules of the constitution.

    Thumbs Down. If people are using loopholes (aka anchor babies), then modify the Constitution.

  • roxrunner 10/12/2009 8:25am

    First of all, I really don’t think this Bill, approved or not, would have any teeth in it for enactment, because a constitutional amendment contradicts it. The 14th amendment is pretty straightforward, ANY PERSON born here is a citizen. If you want to change that, you need another amendment. Next, to those that would make the sweeping argument that illegals come here to take benefits and jobs that do not belong to them, I urge you to do research and find out who these people are. The majority come here to work and work hard they do. The majority of them do pay into our tax, welfare and retirement system without a hope of being able to take out. They are here to fill a gap in our economy that U.S. citizens will not fill for the pay the undocumented will accept.

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