Press Releases

U.S. Congressman Morgan Griffith (R-VA) introduced the End Birthright Citizenship for Territories Act. This new measure comes in response to the Trump v. Barbara decision, where the U.S. Supreme Court ruled that children born in the United States to aliens who enter the country illegally have automatic access to constitutional protections as granted by the Citizenship Clause of the Fourteenth Amendment. 

However, the Barbara decision does not address the birthright citizenship process in the U.S. territories, which differs from that of the 50 U.S. States and Washington, D.C. Currently, any child born in a U.S. territory (minus American Samoa) accesses U.S. citizenship automatically. But in the territories, citizenship rights must be granted by Congress and therefore are subject to Congressional scrutiny. Unlike in the States and Washington, D.C. where the Supreme Court has made clear that a Constitutional Amendment is needed to affect birthright citizenship laws, a simple change in statute can limit birthright citizenship in the territories.

Accordingly, Congressman Griffith’s End Birthright Citizenship for Territories Act is a statutory fix that clarifies U.S. birthright citizenship laws for those born in the territories. This bill expressly reserves birthright citizenship for those in the territories born to U.S. citizens and legal permanent residents only. This bill helps fight against the “birth tourism” industry, which empowers foreign nationals to exploit U.S. citizenship laws. 

Following bill introduction, Congressman Griffith issued the following statement:

“The Barbara decision leaves open the door for Congressional action on citizenship in the American territories. Because of the current birthright laws in place in the territories, any child born in a U.S. territory (minus American Samoa), regardless of a parent’s nationality, accesses U.S. citizenship automatically. I am leading a bill to crack down on birthright citizenship in the territories and combat foreign nationals who are exploiting loopholes in our citizenship laws to take advantage of U.S. generosity. This way, you have to be born to a U.S. citizen or legal permanent resident to have American citizenship in the territories! While this change is limited to the territories, it is the only step we can currently take to protect U.S. citizenship.”

BACKGROUND

Under Congressman Griffith’s bill, natives of the territories who are U.S. citizens will still be able to extend U.S. citizenship to their children. This bill only affects those who are not U.S. citizens that give birth to children in the territories starting in January 2027.

Currently, four of the five inhabited U.S. territories have been granted U.S. citizenship by laws passed in Congress. These are Guam, the Northern Mariana Islands, the Virgin Islands and Puerto Rico.

These four territories exercise these powers because Congress extended such rights in statute through laws like the Immigration and Nationality Act of 1952. The Northern Mariana Islands have acquired such rights through a different statutory mechanism.

The U.S. territory of American Samoa is the lone exception. Those born in this territory are considered American nationals but have not been granted citizenship status by Congress.

Accordingly, birthright citizenship does not apply currently in American Samoa.

The application under the Barbara case of birthright citizenship in the U.S. territories differs from what is established in the 50 U.S. States and Washington, D.C. according to Supreme Court cases.

The birthright discrepancy between the territories and the States dates to legal cases beginning in the early 20^th century known as the Insular Cases.

Generally, these cases governed which constitutional protections apply in U.S. territories.

Additionally, since 2010, two federal courts of appeals cases have rejected the notion that those born in the U.S. territories access the same automatic rights by virtue of the Constitution as those in the U.S. states and Washington, D.C.

A copy of the text for Congressman Griffith’s bill can be found here.

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