S. 5584Senate119th Congress (2025-2027)In Committee

Restoring American Citizenship Act of 2026

A bill to amend section 301 of the Immigration and Nationality Act to clarify the meaning of the Citizenship Clause of the Fourteenth Amendment to the Constitution of the United States, and for other purposes.

AI-Generated Summary

Updated October 9, 2026 at 3:42 AM UTC

The Restoring American Citizenship Act of 2026 would change the rules for birthright citizenship in the United States. It adds conditions that a child born in the U.S. is not automatically a citizen unless at least one parent is a U.S. citizen or a lawful permanent resident at the time of birth. The bill also says children of parents who are only applying for admission are treated as if they were born outside the United States. It applies only to births after the law takes effect.

Key Provisions

Amends the Immigration and Nationality Act to state that a person born in the U.S. is considered subject to a foreign power—and therefore not automatically a citizen—if neither parent is a U.S. citizen or lawful permanent resident at birth.
Specifies that a child whose parents are both applicants for admission under immigration law (section 235(a)(1)) is deemed to have been born outside the United States for citizenship purposes.
Clarifies that the changes do not affect the citizenship status of anyone born before the law’s enactment.
Includes a severability clause so that if any part of the law is found unconstitutional, the rest remains in effect.

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

September 29, 2026

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SenateIntro Referral

Introduced in Senate

September 29, 2026

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

September 29, 2026

Bill Text

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Introduced in SenateIssued September 29, 2026

119th CONGRESS

2d Session

S. 5584

IN THE SENATE OF THE UNITED STATES

September 29, 2026

Mr. Schmitt introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend section 301 of the Immigration and Nationality Act to clarify the meaning of the Citizenship Clause of the Fourteenth Amendment to the Constitution of the United States, and for other purposes.

Short title

This Act may be cited as the Restoring American Citizenship Act of 2026.

Birthright citizenship according to the Constitution of the United States

(a)

In general

Section 301(a) of the Immigration and Nationality Act (8 U.S.C. 1401(a)) is amended to read as follows:

(a)

a person born in the United States and not subject to any foreign power: Provided, That

(1)

a person born in the United States shall be deemed subject to a foreign power if neither parent of such person is a United States citizen or has been lawfully admitted for permanent residence at the time of such person's birth; and

(2)

a person shall be deemed born outside, not in, the United States if both parents of such person are applicants for admission under section 235(a)(1);

(b)

Applicability

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

(c)

Severability

If any provision of this Act, an amendment made by this Act, or the application of such a provision or amendment to any particular person or circumstance is held to be unconstitutional, the remaining provisions of this Act and amendments made by this Act, and the application of such provisions and amendments to any other person or circumstance, shall not be affected.