,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ifcc ,,in ,,the ,,house ,,of ,,representatives ,july #i1 #bjbf,mr4 ,mc,guire introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend section #cja of the ,immigration and ,nationality ,act to clarify those classes of individuals born in the ,united ,states who are not nationals or citizens of the ,united ,states at birth4 #a4 ,short title ,this ,act may be cited as the ,birthright ,citizenship ,clarification ,act of #bjbf4 #b4 ,sense of congress ,it is the sense of ,congress that-- 7#a7 the phrase subject to the jurisdiction thereof in section #a of the #adth ,amendment to the ,constitution of the ,united ,states reflects a principle of allegiance and obedience1 not mere geography2 7#b7 ,united ,states v4 ,wong ,kim ,ark1 #afi ,u4,s4 #fdi 7#ahih71 involved a person born in the ,united ,states to alien parents permanently domiciled and residing in the ,united ,states1 and described historical exceptions for children of foreign sovereigns or their ministers1 persons born on foreign public ships1 children of enemies within and during a hostile occupation1 and children of members of ,indian ,tribes2 7#c7 ,congress later addressed the ,indian ,tribe exception through the ,indian ,citizenship ,act of #aibd and carried forward the words born in the ,united ,states1 and subject to the jurisdiction thereof in the ,nationality ,act of #aidj and the ,immigration and ,nationality ,act of #aieb1 now codified at section #cja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adja7;a772 and 7#d7 ,justice ,kavanaugh1 concurring in the judgment and dissenting in part in ,trump v4 ,barbara1 concluded that ,executive ,order #adafj conflicted with section #cja7;a71 but explained that ,congress could establish exceptions for children born to foreign citizens unlawfully or temporarily in the country2 this ,act exercises that authority to clarify citizenship at birth and deter birth tourism and visa manipulation4 #c4 ,purposes ,the purposes of this ,act are-- 7#a7 to preserve in ,federal statutory law the historical exceptions to citizenship at birth for children of foreign sovereigns or their ministers1 persons born on foreign public ships1 and children of enemies within and during a hostile occupation of part of the territory of the ,united ,states2 7#b7 to amend section #cja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adja7;a77 in the manner identified by ,justice ,kavanaugh by establishing statutory exceptions for persons born in the ,united ,states to foreign citizens unlawfully or temporarily present in the ,united ,states2 and 7#c7 to define lawful but temporary presence by reference to temporary presence categories reflected in ,executive ,order #adafj1 including the ,visa ,waiver ,program and student1 work1 tourist1 and other nonimmigrant visas4 #d4 ,citizenship at birth clarification 7a7 ,in general ,section #adja7;a7 of title #h1 ,united ,states ,code1 is amended by striking the semicolon at the end and inserting the following3 3 ,provided1 ,that a person born in the ,united ,states shall not be considered born subject to the jurisdiction of the ,united ,states1 and shall not be a national or citizen of the ,united ,states at birth under this subsection1 if the person is described in subsection 7i72 4 7b7 ,certain persons not subject to jurisdiction ,section #adja of title #h1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,certain persons not subject to the jurisdiction of the ,united ,states 7#a7 ,persons described ,for purposes of subsection 7a71 a person born in the ,united ,states shall not be considered born subject to the jurisdiction of the ,united ,states1 and shall not be a national or citizen of the ,united ,states at birth under subsection 7a71 if1 at the time of such person's birth-- 7,a7 the person is a child of a foreign sovereign or a minister of a foreign sovereign2 7,b7 the person is born on a foreign public ship2 7,c7 the person is a child of an enemy within and during a hostile occupation of any part of the territory of the ,united ,states2 7,d7 the person's mother is an alien who is unlawfully present in the ,united ,states1 and the person's father is not1 at the time of such person's birth1 a citizen or national of the ,united ,states or an alien lawfully admitted for permanent residence2 or 7,e7 the person's mother is an alien whose presence in the ,united ,states is lawful but temporary1 and the person's father is not1 at the time of such person's birth1 a citizen or national of the ,united ,states or an alien lawfully admitted for permanent residence4 7#b7 ,definitions ,in this subsection3 7,a7 ,the term alien has the meaning given such term in section #aja7;a77#c74 7,b7 ,the term alien lawfully admitted for permanent residence has the meaning given such term in section #aja7;a77#bj74 7,c7 ,the term mother means the immediate female biological progenitor4 7,d7 ,the term father means the immediate male biological progenitor4 7,e7 ,the term foreign public ship means a vessel or aircraft owned1 operated1 or commanded by a foreign sovereign and used exclusively for a sovereign1 public1 noncommercial governmental purpose4 7,f7 ,the term hostile occupation means the actual hostile control of any part of the territory of the ,united ,states by the ,armed ,forces1 agents1 or instrumentalities of a foreign enemy during a war1 invasion1 or armed attack against the ,united ,states4 7,g7 ,the term minister of a foreign sovereign means an ambassador1 public minister1 diplomatic agent1 or other official representative of a foreign sovereign who is recognized by the ,united ,states and entitled to diplomatic immunity under ,federal law or treaty obligation4 ,for purposes of this subsection1 the term foreign sovereign means a foreign monarch1 head of state1 head of government1 or other sovereign authority of a foreign state recognized by the ,united ,states4 7,h7 ,the term unlawfully present means1 with respect to an alien1 that the alien-- 7i7 is present in the ,united ,states without having been admitted or paroled2 7ii7 remains in the ,united ,states after the expiration of the period of stay authorized by the ,secretary of ,homeland ,security or the ,attorney ,general2 7iii7 is present in the ,united ,states in violation of the terms or conditions of admission1 parole1 status1 classification1 or other authorization to remain2 or 7iv7 otherwise lacks lawful immigration status under the immigration laws4 7,i7 ,the term lawful but temporary means1 with respect to the presence of an alien in the ,united ,states1 presence that does not constitute lawful admission for permanent residence and that is pursuant to-- 7i7 the ,visa ,waiver ,program under section #bag2 or 7ii7 a nonimmigrant visa or nonimmigrant classification under section #aja7;a77#ae71 including a student1 exchange1 tourist1 business1 work1 temporary worker1 crewman1 transit1 treaty trader1 treaty investor1 intracompany transferee1 or other temporary nonimmigrant visa or classification4 4 #e4 ,effective date2 prospective application 7a7 ,effective date ,the amendments made by this ,act shall apply to persons born in the ,united ,states on or after the date that is #cj days after the date of enactment of this ,act4 7b7 ,prospective application ,nothing in this ,act may be construed to deny or impair citizenship or nationality at birth to any person born before the date described in subsection 7a74 #f4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be unconstitutional or otherwise invalid1 the remainder of this ,act1 the amendments made by this ,act1 and the application of such provision or amendment to any other person or circumstance shall not be affected4