Senators introduce bill to restrict birthright citizenship

WASHINGTON, D.C. – U.S. Senators Lindsey Graham (R-South Carolina), Ted Cruz (R-Texas) and Katie Britt (R-Alabama) this week introduced a bill that would restrict one of the biggest magnets for illegal immigration into the United States. 

The Birthright Citizenship Act of 2025 stops the practice of granting citizenship to both the children of illegal immigrants and the children of non-immigrants in the U.S. on temporary visas, also known as birthright citizenship. 

Graham first introduced the legislation in September 2024.

The exploitation of birthright citizenship is a major pull factor for illegal immigration and a weakness for our national security. The United States is one of only 33 countries in the world with no restrictions on birthright citizenship.

“It is long overdue for the United States to change its policy on birthright citizenship because it is being abused in so many ways,” said Senator Graham. 

“One example is birth tourism, where wealthy individuals from China and other nations come to the United States simply to have a child who will be an American citizen. When you look at the magnets that draw people to America, birthright citizenship is one of the largest. I also appreciate President Trump’s executive order to address birthright citizenship. It is time for the United States to align itself with the rest of the world and restrict this practice once and for all.”

“The promise of American citizenship should not incentivize illegal migration, but that’s exactly what has happened for far too long,” said Senator Britt. 

“It’s time to fix this. Senator Lindsey Graham’s and my Birthright Citizenship Act would codify President Trump’s commonsense stance and end the abuse of birthright citizenship that I do not believe is consistent with the original meaning of the 14th Amendment’s Citizenship Clause. This will protect our nation’s sovereignty, disincentivize illegal migration, and ensure America’s citizenship practices are stronger and better aligned with peer countries around the globe.”

The Biden-Harris Administration’s catch-and-release policies let migrants come into the U.S. illegally and stay for years, while enjoying many of the benefits of living in America.

Illegal immigration skyrocketed during the Biden-Harris Administration.
The Center for Immigration Studies estimates that in 2023, there were 225,000 to 250,000 births to illegal immigrants, amounting to close to seven percent of births in the U.S.
Our adversaries are taking advantage of our laws.

In September 2024, two individuals from California were found guilty in a “birth tourism” scheme. Predominantly Chinese clients paid the operators of a “maternity hotel” tens of thousands of dollars to come to the U.S. to give birth. Clients were coached on how to lie during the admissions process.

A 2022 Senate Homeland Security & Governmental Affairs Committee report found a birthing company catering to the wives of Russian oligarchs, celebrities, athletes, and public figures.

The Birthright Citizenship Act of 2025:

• Specifies who can receive citizenship by virtue of their birth in the United States, including children born to at least one parent who is either:

• A citizen or national of the U.S.,

• A lawful permanent resident of the U.S., or

• An alien performing active service in the armed forces.

This bill only applies to children born after the date of enactment.