Gaetz introduces 'End Birthright Citizenship Fraud Act of 2023.' Here's what bill does:
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Florida Congressman Matt Gaetz introduced a new bill to the U.S. House of Representatives Tuesday that seeks to restrict birthright citizenship in the U.S.
The new bill dubbed the End Birthright Citizenship Fraud Act of 2023 would end automatic birthright citizenship for children born into the U.S. with parents who unlawfully entered the country.
It would do so by amending the Immigration and Nationality Act to include clarifying language at the end of the existing law that requires at least one parent to be a national, a refugee, have lawful permanent citizenship or be an active member of the military.
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“Birthright citizenship has been grossly and blatantly misapplied for decades, recently becoming a loophole for illegal aliens to fraudulently abuse our immigration system. My legislation recognizes that American citizenship is a privilege –– not an automatic right to be co-opted by illegal aliens,” Gaetz said in a statement.
“This is an important step in preserving the sanctity of American citizenship and ensures that citizenship is not treated as a loophole to be exploited but rather a privilege to be earned when legally migrating to our country.”
Here’s what you should know.
What is the End Birthright Citizenship Fraud Act of 2023?
The End Birthright Citizenship Fraud Act of 2023 is a bill Gaetz introduced to the House of Representatives.
It seeks to amend the Immigration and Nationality Act and end birthright citizenship to children born in the United States to parents who are not “United States nationals, aliens lawfully admitted to the United States as refugees, aliens lawfully admitted for permanent residents or aliens performing active service in the United States Armed Forces.”
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Gaetz argues that limited jus soli is a principle conveyed in the 14th Amendment and codified in the Immigration and Nationality Act through the statement, “subject to the jurisdiction of.” With the bill’s introduction, he seeks to recognize the principle and reform U.S. immigration law to be consistent with the statement’s original meaning.
The bill states that the phrase “subject to the jurisdiction thereof” is a legal term of art derived from concepts related to a limited jus soli and that the authors of the 14th Amendment understood that it is based on English common law, which was influenced by Roman law.
The 14th Amendment authors used the phrase “subject to the jurisdiction” of the U.S. and meant not owing allegiance to any other country, according to the bill’s text. This interpretation is the basis for the bill’s argument, which concludes that “owing allegiance to the United States and being subject to its complete jurisdiction means being ‘not subject to any foreign power,’” excluding those who are temporarily in the U.S. whether or not they lawfully entered the country.
What is jus soli?
Jus soli is commonly referred to as birthright citizenship, which is the right to acquire nationality or citizenship by being born within a territory.
What is limited jus soli?
Limited jus soli is more commonly referred to as restricted jus soli. The concept is similar to jus soli in that it grants birthright citizenship to a person born within a territory, but comes with stipulations. It typically requires that at least one child’s parents be a legal permanent resident of the territory when the child is born, be a natural citizen or a national.
Jus soli has been restricted in various forms in several countries, and many others have a mixture of jus soli and jus sanguinis, which is when citizenship is determined by the nationality or ethnicity of one or both parents.
The U.S. grants citizenship to most people born within the country based on jus soli but grants citizenship to children outside of the country to U.S. citizen parents based on jus sanguinis when they meet certain requirements.
What would the End Birthright Citizenship Fraud Act of 2023 do?
The End of Birthright Citizenship Fraud Act of 2023 would amend Section 101 of the Immigration and Nationality Act by adding additional language to the end of the existing law in an attempt to “clarify” birthright citizenship. Here’s what the bill proposes to add:
(j) For purposes of section 301(a), the term ‘subject 24 to the jurisdiction thereof’ means, with respect to a person born in the United States, that the person was born to a parent who is, at the time of the person’s birth—
(1) a national of the United States;
(2) a refugee;
(3) an alien lawfully admitted for permanent residence; or
(4) an alien performing active service in the armed forces (as defined in section 101 of title 10, United States Code).
When would the End of Birthright Citizenship Fraud Act of 2023 go into effect?
The bill states that the amendments would apply to anyone born on or after the date of the enactment of the bill.
This article originally appeared on Pensacola News Journal: Gaetz seeks to end 'unqualified birthright citizenship.' What to know
