What This Bill Does
H.J. Res. 190 is a proposed constitutional amendment that would change how the 14th Amendment’s citizenship clause is applied. It says a person born in the United States would count as “subject to the jurisdiction of the United States” only if at least one parent is a U.S. citizen, a U.S. national, or a lawful permanent resident living in the United States. If ratified by three-fourths of the states within seven years, it would alter who automatically receives citizenship at birth.
- Would redefine “subject to the jurisdiction of the United States” for the 14th Amendment.
- A child born in the U.S. would qualify only if at least one parent is a U.S. citizen, U.S. national, or lawful permanent resident living in the U.S.
- Would take effect only if ratified by three-fourths of the states within seven years.
- Section 2 gives Congress power to pass implementing legislation.
Who This Bill Affects
For the general public, this bill would matter most to families with newborn children and uncertain immigration status. If adopted, it could deny automatic U.S. citizenship to some children born in the United States unless at least one parent is a citizen, national, or lawful permanent resident living in the country. That would affect access to passports, Social Security records, and other benefits tied to citizenship from birth.
See how this bill affects you — sign in for a personalized analysisWho Supports & Opposes This
- Immigration restriction advocates They would argue the amendment restores a narrower reading of the 14th Amendment and prevents automatic citizenship from being extended to children of people who are not fully tied to the United States through citizenship, nationality, or permanent residence.
- People concerned about incentives for unauthorized immigration They may say limiting birthright citizenship would reduce incentives for people to come to the United States specifically so their children can obtain citizenship at birth, and would make citizenship rules more closely reflect legal status.
- Some state officials and policy conservatives They may support a clearer constitutional rule that they believe would reduce litigation and give governments a more definite standard for determining citizenship at birth.
- Immigrant families and civil-rights advocates They would argue the proposal would strip citizenship from children born on U.S. soil based on their parents’ status, creating a class of U.S.-born children with fewer rights and more uncertainty about identity, documentation, and belonging.
- Constitutional originalists who favor the current broad reading They may contend the amendment is unnecessary because the 14th Amendment has long been understood to grant citizenship to most people born in the United States, and changing that rule would upend settled constitutional practice.
- Hospitals, schools, and state administrators They may worry the new parent-status test would complicate birth registration and citizenship verification, forcing agencies to collect and verify more sensitive information at birth.
Key Implications
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““a person born in the United States may only be considered to be ‘subject to the jurisdiction of the United States’ if…””
This is the core change. It replaces a broad birth-on-U.S.-soil rule with a parent-status test, which would make citizenship at birth depend on the legal status of at least one parent.
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““parents, at least one of whom is—(1) a citizen… (2) a national… or (3) an alien lawfully admitted for permanent residence””
The amendment creates three qualifying parent categories. Children of parents outside those categories would not automatically qualify under the proposed rule.
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““ratified by the legislatures of three-fourths of the several States within seven years””
This sets a high constitutional threshold and a deadline. The proposal would not change the Constitution unless a supermajority of states approves it within that seven-year window.
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““Congress shall have the power to carry out this article through appropriate legislation””
If adopted, Congress could pass follow-up laws to define procedures and enforcement. That could affect how citizenship is documented and verified in practice.
Latest Status
June 2, 2026
Referred to the House Committee on the Judiciary.
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Ask AI about this billData sourced from api.congress.gov.