H.R. 140 – Birthright Citizenship Act of 2019

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Updated April 13, 2026 at 11:40 PM UTC

The Birthright Citizenship Act of 2019 would amend the Immigration and Nationality Act to more clearly define who automatically becomes a U.S. citizen at birth. It ties the definition of "subject to the jurisdiction" of the United States to the 14th Amendment and specifies the parentage requirements. The change would affect any child born in the United States after the law takes effect.

Key Provisions

Adds a definition stating that a child born in the United States is considered "subject to the jurisdiction" of the United States – and thus a citizen at birth – if at least one parent is either a U.S. citizen or national, a lawful permanent resident, or an alien serving in the U.S. armed forces.
Reformats existing subsections of §301 for clarity, inserting headings and renumbering paragraphs.
Specifies that the amendment does not change the citizenship status of anyone born before the law’s enactment.

Legislative Activity

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2 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Immigration and Citizenship.

Immigration Integrity, Security, and Enforcement Subcommittee

January 3, 2019

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HouseIntro Referral

Introduced in House

January 3, 2019

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

January 3, 2019

HouseCommittee

Referred to the Subcommittee on Immigration and Citizenship.

Immigration Integrity, Security, and Enforcement Subcommittee

January 3, 2019

Floor Debate

2 members

What members said about H.R. 140 on the floor

2 Democrats

Rep. Steny H. HoyerD-MD-5 · Jan 16, 2019

Madam Speaker, I have a motion at the desk. Madam Speaker, I am moving to refer this resolution to the Committee on Ethics. Madam Speaker, I yield back the balance of my time, and I move the previous…

Rep. Bobby L. RushD-IL-1 · Jan 14, 2019

Madam Speaker, pursuant to clause 2 of rule IX, I hereby give notice of my intention to offer a question of privileges of the House. Madam Speaker, I ask unanimous consent that the form of a…

Rep. Bobby L. RushD-IL-1 · Jan 16, 2019

Madam Speaker, I rise to a question of the privileges of the House and offer a resolution previously noticed.

Bill Text

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Introduced in HouseIssued January 3, 2019

I

116th CONGRESS

1st Session

H. R. 140

IN THE HOUSE OF REPRESENTATIVES

January 3, 2019

Mr. King of Iowa (for himself, Mr. Duncan, Mr. Gosar, Mr. Norman, Mr. Yoho, Mr. Palazzo, Mr. Perry, Mr. DesJarlais, Mr. Davidson of Ohio, Mr. Brooks of Alabama, Mr. Biggs, Mr. Hice of Georgia, Mr. Babin, Mr. Wilson of South Carolina, Mr. Harris, Mr. Meadows, Mr. Conaway, Mr. Weber of Texas, Mr. Webster of Florida, Mr. Grothman, Mr. Rouzer, and Mr. Graves of Missouri) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

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.

1.

Short title

This Act may be cited as the Birthright Citizenship Act of 2019.

2.

Citizenship at birth for certain persons born in the United States

(a)

In general

Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is amended—

(1)

by inserting (a) In general.— before The following;

(2)

by redesignating subsections (a) through (h) as paragraphs (1) through (8), respectively; and

(3)

by adding at the end the following:

(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)

a citizen or national of the United States;

(2)

an alien lawfully admitted for permanent residence in the United States whose residence is in the United States; or

(3)

an alien performing active service in the armed forces (as defined in section 101 of title 10, United States Code).

.

(b)

Applicability

The amendment made by subsection (a)(3) shall not be construed to affect the citizenship or nationality status of any person born before the date of the enactment of this Act.