H.R. 4741 — Constitutional Citizenship Clarification Act of 2025

This section states the sense of Congress that (1) birthright citizenship under section 1 of the 14th Amendment is rooted in the common law doctrine of jus soli (i.e., right of soil) and limited by the principle of allegiance and obedience; (2) children of foreign diplomats or enemy troops born on U.S. soil are not entitled to birthright citizenship; and (3) children of foreign spies, saboteurs, terrorists, or other hostile actors, as well as children of illegal aliens, should not be entitled to birthright citizenship.

This section states the purposes of the Act as (1) codifying the common law exception to birthright citizenship for children of ambassadors and invaders; and (2) clarifying that other categories of disloyal or disobedient aliens are also subject to such exception.

This section revises the birthright citizenship provision (8 U.S.C. 1401(a)) to exclude from U.S. jurisdiction—and thus citizenship at birth—persons born in the United States to alien parents who are (1) unlawfully present in the United States, (2) present in the United States for diplomatic purposes, or (3) engaged in a hostile occupation of, or a hostile operation in, the United States. (As background, current law grants citizenship at birth to all persons born in the United States and subject to its jurisdiction, which traditionally excludes children of foreign diplomats and members of invading forces but not children of unlawfully present aliens.)