End Birthright Citizenship for Territories Act

Politics & Elections
1

Representative Morgan Griffith, a Virginia Republican, has introduced the End Birthright Citizenship for Territories Act. It would would amend federal laws that grant U.S. citizenship at birth to people born in Puerto Rico, Guam, the U.S. Virgin Islands and the Northern Mariana Islands to limit citizenship to those born before January 1, 2027 unless at least one parent is a U.S. citizen or lawful permanent resident.

Now as most people, I assume, in Puerto Rico are citizens, their children would still be citizens at birth. And as they would be citizens, their children would as well, etc. Am I missing something

2

Fourteenth Amendment

Section 1

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

Puerto Rico for example is part of the United States. It probably wont pass and if it does SCOTUS will toss it also.

12000 or so bills are introduced each year, but only 2-5%pass. Come back when the bill clears committee.

3

I took the time to find and read an article about the details, and to me and probable the author, this is bill sponsored (zero co-sponsors at this time) to forward some legislation based on extremely racists language of existing laws when the USA acquired Puerto Rico:

In the lead case, Downes v. Bidwell, the court ruled that Puerto Rico belonged to — but wasn’t part of — the United States in a constitutional sense, and used language like “alien races” and “savage tribes” to describe people living there. The doctrine’s author, Justice Edward Douglass White (a former Confederate soldier), built the reasoning explicitly on “differences of race,” warning against extending citizenship to “uncivilized race[s]” he deemed “completely unfit to receive it.”

So in part, it’s a callout to the worst racists in MAGA, using the veneer of law.

The second point from the same article, is that it seems deliberate in it’s efforts to create confusing language that could be exploited down the line. Yes, as the OP points out, Puerto Ricans are US citizens, but that doesn’t come up until the very end of the language of the bill.

That’s not paranoia. Efrén Rivera Ramos, a law professor and former dean at the University of Puerto Rico School of Law, told “Democracy Now!” that the bill’s own drafting creates exactly this kind of ambiguity — the first part reads as if it strips citizenship from anyone born in Puerto Rico after 2027, and only in the bill’s very last provision does it narrow that down to children of noncitizens and non-permanent residents. That sloppiness, Rivera Ramos warns, “may cause problems in the future” if this bill ever becomes law.

So, based on the article, and my opinions, it’s calling out to the very worst part of MAGA’s base, and if(!) it passes, will be used as yet another pretext to challenge Birthright Citizenship, since Trump failed to appeal the 6-3 SCOTUS decision.

And, of course, even if it doesn’t pass, MAGA can point out at more legislation they proposed to deal with “them” that was thwarted by the eeeeevillll Democrats prior to midterms.

4

There’s no way they’d get 7 Democrats on board to kill a filibuster, and I could easily see the Paul/Murkowski/Tillis faction voting no just to be contrarian. It’s DOA if it even makes it to the Senate.

5

This explanation by the bill’s sponsor suggests you are not missing something:

Griffith Leads Fight to End Birthright Citizenship in U.S. Territories

Of all the problems we have in the United States, I consider birth tourism extremely far down on the list. But I am mildly against it. And it seems there is a birth tourism industry in the Northern Marianna Islands, or at least was one nine years ago:

If amended to make clear that this bill only applies to birth tourism babies, I might be for it.

The proposed law only applies to unincorporated territories, so I think it would be constitutional. The residents are U.S. citizens by law, not because they were born in places incorporated into the United States.

The only remaining incorporated territory is Palmyra Atoll. No birth tourism there.

6

Not atoll?

7

Don’t forget about American Samoa. The residents of that territory are United States nationals, not citizens.

8

I just looked for the text of the bill, and found this at congress.gov:

As of 07/29/2026 text has not been received for H.R.9724

Despite that, the bill was referred to the Judiciary Committee on July 16.

I do not think it is normal for bills to be introduced and then sit for weeks without a text. Someone may be yanking a chain.

9

From your first link:

I looked for the bill text, but as noted in my last link. I could not find it. If someone could find it for me, I’ll read it. Maybe I’ll agree it is racist and maybe I will not.

10

If they want it Dead on Arrival, since no co-sponsors; sure.

11

Wouldn’t it be funny if we made a law that anyone living in Washington D.C. is no longer a United States citizen?

12

The Right would like that, they hate the citizens of DC (almost half the population is black) and most Congresspeople don’t live there.

13

Man, I loved School House Rock!

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This is not a comment on the merits of the proposed bill.

Birthright citizenship, under the 14th Amendment, confers American citizenship to people born in the 50 United States.

Puerto Rico is not a State. People born in PR are conferred American citizenship pursuant to federal law (mostly now 302 of the Immigration and Nationality Act). Federal law can be changed by Congress.

Note: like most things I say, this is simplified, but there is a big legal difference re birth citizenship between one that occurs in a US State and Puerto Rico.

Late: this is for context re 14th and what it does and does not do. As noted above, the proposed bill is unlikely to get support.

15

Performative hate. The game half the country loves to play.

16

Like this? :grinning_face:

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Fourteenth Amendment

Section 1

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

It is not a State, but it is part of the United States.

18

Somebody introduced a bill (House Resolution 792 in 2025) to put Trump’s head on Mt. Rushmore. Not merely performative but public asskissing.

19

Well, if it was his actual head.… :zany_face:

20

Not at all true. Barry Goldwater and John McCain are two Presidential candidates who were not born in states and were obviously considered natural born citizens.