Preamble: Recognizing the need to clarify the interpretation of “subject to the jurisdiction thereof” under the Fourteenth Amendment to align with modern immigration policies and ensure national sovereignty while respecting human rights, this act proposes amendments to the criteria for birthright citizenship.
Section 1: Definitions
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Legal Presence: An individual is considered legally present if they are in the United States under a valid visa or have lawful permanent resident status.
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Domicile: An individual establishes domicile if they intend to make the United States their permanent home and have a physical presence in the country.
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Work Status: An individual must be legally authorized to work in the United States, either through employment authorization or as part of their legal immigration status.
Section 2: Amendment to the Citizenship Clause
- Modification of Fourteenth Amendment: Amend the Citizenship Clause to specify that:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside, provided that:
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At least one parent is legally present in the United States at the time of birth.
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At least one parent has established domicile in the United States.
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At least one parent possesses a valid work status in the United States."
Section 3: Exceptions
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Children born to:
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Members of the U.S. military stationed abroad.
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U.S. government employees serving abroad.
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Foreign diplomats or those under similar international legal protections remain citizens by birth without the above restrictions.
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Section 4: Retroactivity
- This amendment shall apply prospectively and shall not affect the citizenship status of individuals born before the effective date of this act.
Section 5: Implementation
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The Department of Homeland Security, in coordination with the Department of State, shall:
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Develop guidelines to determine legal presence, domicile, and work status for citizenship eligibility.
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Update citizenship application processes to reflect these new criteria.
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Provide public education on the changes to citizenship law.
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Section 6: Judicial Review
- Courts shall have jurisdiction to review cases where the application of these criteria is contested, ensuring due process and equal protection under the law.
Section 7: Effective Date
- This act shall take effect 180 days after its passage to allow for implementation and public education.
Section 8: Severability Clause
- If any provision of this act, or the application thereof to any person or circumstance, is held invalid, the remainder of the act and the application of such provision to other persons or circumstances shall not be affected thereby.
Section 9: Legislative Intent
- This act is not intended to diminish the rights of individuals currently recognized as citizens but aims to clarify and modernize the process for future citizenship claims.