S. 5584 — Introduced in Senate

II 119th CONGRESS 2d Session S. 5584 IN THE SENATE OF THE UNITED STATES September 29, 2026Mr. Schmitt introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 301 of the Immigration and Nationality Act to clarify the meaning of the Citizenship Clause of the Fourteenth Amendment to the Constitution of the United States, and for other purposes. 1. Short title This Act may be cited as the Restoring American Citizenship Act of 2026. 2. Birthright citizenship according to the Constitution of the United States (a) In general Section 301(a) of the Immigration and Nationality Act (8 U.S.C. 1401(a)) is amended to read as follows: (a) a person born in the United States and not subject to any foreign power: Provided, That (1) a person born in the United States shall be deemed subject to a foreign power if neither parent of such person is a United States citizen or has been lawfully admitted for permanent residence at the time of such person's birth; and (2) a person shall be deemed born outside, not in, the United States if both parents of such person are applicants for admission under section 235(a)(1); . (b) Applicability The amendment made by subsection (a) may not be construed to affect the citizenship or nationality status of any person who was born before the date of the enactment of this Act. (c) Severability If any provision of this Act, an amendment made by this Act, or the application of such a provision or amendment to any particular person or circumstance is held to be unconstitutional, the remaining provisions of this Act and amendments made by this Act, and the application of such provisions and amendments to any other person or circumstance, shall not be affected.