John McGuire

U.S. Rep. John McGuire, R-Va., has introduced legislation that would limit automatic U.S. citizenship for some children born in the United States, arguing the measure would address what he describes as abuses of the nation's birthright citizenship laws.

McGuire announced the Birthright Citizenship Clarification Act of 2026 on Thursday, saying the bill is intended to codify exceptions to birthright citizenship in federal law for children born to parents who are in the United States unlawfully or who are in the country on temporary visas.

"American citizenship is a privilege and an honor that must be protected," McGuire said in a statement. He argued that the legislation would help prevent practices such as "birth tourism" and strengthen immigration enforcement.

The proposal would amend Section 301(a) of the Immigration and Nationality Act to specify that a child born in the United States would not automatically receive U.S. citizenship if the child's mother was unlawfully present in the country and the father was neither a U.S. citizen nor a lawful permanent resident. The legislation would also apply similar restrictions when the child's mother was lawfully but temporarily present in the United States on certain nonimmigrant visas, including student, work, tourist and Visa Waiver Program visas, unless the father was a U.S. citizen, U.S. national or lawful permanent resident.

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The bill also incorporates longstanding exceptions recognized under U.S. law for children born to foreign diplomats, on foreign public ships or to enemy forces occupying U.S. territory.

McGuire's office said the legislation follows guidance outlined by Justice Brett Kavanaugh in recent litigation over President Donald Trump's executive order addressing birthright citizenship. The proposal also cites comments by Justices Clarence Thomas, Samuel Alito and Neil Gorsuch regarding the constitutional questions surrounding the issue.

Fred McGrath, president of the Institute for Legislative Analysis, said in a statement that Congress has the authority to address the issue through legislation and argued the bill would satisfy constitutional requirements if challenged in court.

The proposal enters a long-running legal and political debate over the Citizenship Clause of the 14th Amendment, which states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." For more than a century, that language has generally been interpreted to grant citizenship to nearly all children born on U.S. soil, regardless of their parents' immigration status, with limited exceptions such as children of foreign diplomats.

Any change to the scope of birthright citizenship would likely face legal challenges if enacted. The bill has been referred for congressional consideration, where it would need approval from both the House and Senate before being sent to the president for signature.