U.S. Senators Katie Britt (R-Ala.), Lindsey Graham (R-S.C.), and Ted Cruz (R-Texas) have introduced the Birthright Citizenship Act of 2025, a bill aimed at ending automatic citizenship for children born to illegal immigrants and temporary visa holders in the United States.
The legislation, which codifies former President Donald Trump’s stance on birthright citizenship, seeks to eliminate what supporters call a major incentive for illegal immigration while aligning U.S. policy with other nations that have stricter citizenship requirements.
Sen. Britt, one of the bill’s key sponsors, argued that birthright citizenship has long been exploited as a loophole that incentivizes illegal immigration.
“The promise of American citizenship should not incentivize illegal migration, but that’s exactly what has happened for far too long,” Britt said. “It’s time to fix this. Our bill would protect our nation’s sovereignty, disincentivize illegal migration, and ensure America’s citizenship practices are better aligned with peer countries around the globe.”
Currently, the United States is one of only 33 countries in the world that automatically grants citizenship to anyone born on its soil without restrictions.
The Birthright Citizenship Act of 2025 would clarify and restrict who is eligible for automatic U.S. citizenship at birth. Under the proposed law, only children born in the U.S. after the date of enactment would be considered citizens if at least one parent is:
- A U.S. citizen or national
- A lawful permanent resident
- An alien serving on active duty in the U.S. Armed Forces
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This bill would exclude children born to undocumented immigrants and those on temporary visas from automatically obtaining U.S. citizenship.
Sen. Graham pointed to birth tourism—where foreign nationals travel to the U.S. to give birth so their children gain automatic citizenship—as a glaring example of how the current system is exploited.
“It is long overdue for the United States to change its policy on birthright citizenship because it is being abused in so many ways,” Graham stated. “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.”
Graham also emphasized that birthright citizenship is one of the largest incentives for illegal immigration, adding that the new legislation would help close that loophole.
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Republican lawmakers argue that birthright citizenship has fueled illegal immigration and placed an unnecessary burden on U.S. taxpayers and resources.
- A 2023 report from the Center for Immigration Studies estimated that between 225,000 and 250,000 births in the U.S. were to illegal immigrants, accounting for nearly 7% of all births in the country.
- In September 2024, two individuals in California were convicted in a birth tourism scheme where predominantly Chinese clients paid tens of thousands of dollars to give birth in the U.S.
- A 2022 Senate report found that Russian oligarchs, celebrities, and athletes were also taking advantage of loopholes in the birthright citizenship system.
The Birthright Citizenship Act of 2025 follows President Trump’s recent executive actions to curb illegal immigration and enhance border security.
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