Birthright Citizenship Clarification Act of 2026

The Birthright Citizenship Clarification Act of 2026 would amend federal law to change how citizenship at birth is determined for children born in the United States. Under this proposal, a child born in the U.S. to parents who are present temporarily or unlawfully would not automatically receive citizenship, while also preserving historical exceptions for children of foreign diplomats and those born on foreign ships. The bill specifically defines temporary presence to include holders of student, work, tourist, and other nonimmigrant visas, as well as participants in the Visa Waiver Program. These changes would apply only to individuals born after the law takes effect, leaving the citizenship status of those born before that date unchanged.