119-s646

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 646 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 646

 To prohibit the use of funds to carry out Executive Order 14160.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 February 20, 2025

 Ms. Rosen (for herself, Mr. Durbin, Mr. Schatz, Mr. Padilla, Mr. Van 
Hollen, Mr. Blumenthal, Ms. Cortez Masto, Mrs. Shaheen, Mr. Booker, Mr. 
 Welch, and Mr. Merkley) introduced the following bill; which was read 
 twice and referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To prohibit the use of funds to carry out Executive Order 14160.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Born in the USA Act''.

SEC. 2. FINDINGS.

 Congress makes the following findings:

    (1) On January 20, 2025, President Trump issued the 
 flagrantly and clearly unconstitutional Executive Order 14160 
 (90 Fed. Reg. 8449), entitled ``Protecting the Meaning and 
 Value of American Citizenship'', to prohibit the departments 
 and agencies of the United States Government from recognizing 
 the citizenship of certain children born in the United States.

    (2) The 14th Amendment to the Constitution of the United 
 States unambiguously states: ``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.''.

    (3) In 1898, the Supreme Court of the United States issued 
 a decision United States v. Wong Kim Ark, 169 U.S. 649

    (1898) interpreting the birthright citizenship clause of the 14th 
 Amendment to the Constitution of the United States.

    (4) In United States v. Wong Kim Ark, 169 U.S. 649

    (1898) , 
 the Supreme Court of the United States concludes that--
        (A) ``[t]he Fourteenth Amendment affirms the 
 ancient and fundamental rule of citizenship by birth 
 within the territory, in the allegiance and under the 
 protection of the country, including all children here 
 born of resident aliens''; and
        (B) ``[i]t can hardly be denied that an alien is 
 completely subject to the political jurisdiction of the 
 country in which he resides. . .it is well known that, 
 by the public law, an alien, or a stranger born, for so 
 long a time as he continues within the dominions of a 
 foreign government, owes obedience to the laws of that 
 government''.

    (5) Federal courts around the country have weighed in 
 against the constitutionality of Executive Order 14160 (90 Fed. 
 Reg. 8449).

    (6) Birthright citizenship is a right guaranteed by the 
 Constitution of the United States and further enshrined in 
 Federal law in title III of the Immigration and Nationality Act 
 (8 U.S.C. 1401 et seq.); therefore, birthright citizenship 
 cannot be rescinded by executive order or by an Act of 
 Congress.

SEC. 3. PROHIBITION ON USE OF FUNDS.

 No funds may be appropriated or otherwise made available to carry 
out Executive Order 14160 (90 Fed. Reg. 8449; relating to protecting 
the meaning and value of American citizenship) (or any successor 
executive order, regulation, or policy).
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