Bill to END Birthright Citizenship INTRODUCED

Blue immigration law book with wooden gavel

Senator Tom Cotton has thrown down the gauntlet in the U.S. Senate, introducing a bill to end birthright citizenship for children of illegal aliens and foreign adversaries—a move that has the open-border crowd and constitutional experts in a frenzy, with the fate of American citizenship itself hanging in the balance.

At a Glance

Sen. Tom Cotton introduces the Constitutional Citizenship Clarification Act to end birthright citizenship for children of undocumented immigrants, terrorists, and spies.
The bill responds to an estimated 250,000 children born to illegal aliens in the U.S. each year.
Supporters say it will deter illegal immigration and uphold the rule of law; opponents call it unconstitutional and discriminatory.
The Senate Judiciary Committee is currently reviewing the bill, while legal battles loom over its constitutionality.

Cotton Targets Birthright Citizenship Loophole

Arkansas Senator Tom Cotton, joined by a cadre of conservative senators, has introduced the Constitutional Citizenship Clarification Act—a legislative shot across the bow for America’s immigration establishment. The bill, announced on July 15, 2025, seeks to end automatic citizenship for children born on U.S. soil to those in the country illegally, as well as to foreign terrorists and spies. Cotton’s supporters argue this long-overdue legislation will close a gaping loophole that incentivizes border-jumping and undermines the very fabric of national sovereignty. The bill directly amends the Immigration and Nationality Act, explicitly excluding the children of illegal entrants and foreign adversaries from birthright citizenship, a move that immediately raised hackles on both sides of the political aisle.

The bill’s language echoes the frustrations of millions of Americans who have watched year after year as the southern border devolved into chaos, particularly during the previous administration’s so-called “border crisis.” According to the Center for Immigration Studies, roughly 225,000 to 250,000 children were born to undocumented immigrants in 2023 alone, amounting to nearly 7% of all U.S. births. Cotton’s bill aims to put a stop to what he calls “citizenship tourism,” warning that the 14th Amendment was never meant to serve as a “magnet for illegal immigration or a backdoor for our enemies.”

Constitutional Questions and Political Battle Lines

The debate over birthright citizenship has raged for decades, rooted in the interpretation of the 14th Amendment’s citizenship clause. While the Supreme Court’s 1898 decision in United States v. Wong Kim Ark affirmed citizenship for children of legal residents, it has never directly ruled on the status of children born to undocumented immigrants. Cotton and his allies argue that the phrase “subject to the jurisdiction thereof” was never intended to grant citizenship to those who owe allegiance to a foreign power or entered the country unlawfully. Opponents, including immigrant rights groups and liberal constitutional scholars, insist that denying citizenship by statute is both unconstitutional and cruel, warning that it could create a permanent underclass of stateless children and expose the U.S. to international condemnation.

The fate of Cotton’s bill now rests with the Senate Judiciary Committee, where previous attempts to restrict birthright citizenship have stalled. A similar measure, the Birthright Citizenship Act of 2025, is also pending in the House. With President Trump back in the White House and a Republican-controlled Senate, the bill’s chances are stronger than in years past. Yet, even if passed, legal experts predict a swift journey to the Supreme Court, where the justices would be forced to finally address the scope of the 14th Amendment in the context of modern immigration.

Public Reaction and Potential Consequences

Supporters of the bill, including a host of conservative advocacy groups, see it as a pillar of the “America First” agenda. They argue that ending birthright citizenship for illegal aliens will remove incentives for border crossings, reduce taxpayer burdens, and reaffirm that American citizenship is not a prize for lawbreakers or foreign agents. Critics, on the other hand, frame the proposal as an attack on the Constitution and a step toward dismantling fundamental civil rights. They warn that the measure could split families, destabilize immigrant communities, and lead to a bureaucratic nightmare of legal challenges.

Whatever the outcome, the issue is certain to amplify the nation’s already feverish immigration debate. If enacted, the bill would have immediate and far-reaching effects—not just for the hundreds of thousands of children born on U.S. soil to non-citizens each year, but for the political landscape itself. Both sides recognize that this is about more than just a legal technicality; it’s about the future of who gets to be called American, and on whose terms.