Republican Bill Would Strip Birthright Citizenship from U.S. Territories Starting 2027
Under the proposal, the Citizenship Clause of the Fourteenth Amendment would no longer apply to births that occur in the four territories after the 2027 cutoff. Instead, citizenship would be granted only to those born to U.S. citizens or lawful permanent residents. Griffith says the change is intended to curb “birth tourism” and to clarify the status of people born in the territories.
Griffith points to the Supreme Court’s June 30, 2026 decision in Trump v. Barbara, which struck down President Trump’s executive order that sought to deny birthright citizenship to children of non‑citizens. The Court reaffirmed that all persons born in U.S. territory are “subject to the jurisdiction” of the United States and are citizens at birth. Griffith argues that the Court’s ruling leaves Congress free to amend citizenship law for the territories.
The proposal has been condemned by Right to Democracy, a coalition that advocates for the rights of U.S. territories. Co‑director Neil Weare called the bill “dangerous and unconstitutional” and warned that it would allow Congress to “turn constitutional rights on and off at will.” Weare noted that the bill’s language is broader than Griffith’s stated goal of addressing birth tourism; the text could deny citizenship to anyone born in a territory after 2027. Co‑director Adi Martinez Roman added that the measure conflicts with the CNMI Covenant, a 1986 agreement under Public Law 94‑241 that requires mutual consent for changes to citizenship provisions.
Local officials in Guam and the CNMI have also opposed the bill. The Pacific Island Times reported that both territories’ leaders called the proposal “unacceptable” and warned that it would undermine the political and legal arrangements that have governed the territories for decades.
The bill’s political context includes comments from Vice President J.D. Vance, who, after the Supreme Court decision, said limiting birthright citizenship in the territories by executive action was “a great idea” and that the administration was “certainly looking at that.” Vance’s remarks suggest that the proposal has support at the highest levels of the executive branch.
Legislatively, the End Birthright Citizenship for Territories Act remains a House resolution. It has not yet been debated or voted on in either chamber. If it passes the House, it will need approval from the Senate and the signature of the President before it can take effect. No timetable has been set for a vote.
If enacted, the bill would alter the citizenship status of millions of residents in the four territories. It would also raise legal questions about the compatibility of the measure with existing agreements, such as the CNMI Covenant, and could prompt challenges in federal court. The proposal would shift the balance of rights that have been granted to territorial residents under the Fourteenth Amendment.
At present, the bill’s fate remains uncertain. The House has not scheduled a vote, and no Senate action has been announced. The next steps will depend on congressional debate, potential amendments, and the outcome of any legal challenges that may arise.
In summary, Rep. Griffith’s bill would remove automatic U.S. citizenship for births in the CNMI, Guam, Puerto Rico, and the U.S. Virgin Islands from 2027 onward. The measure has faced strong opposition from territorial rights groups and local officials, and it is currently pending in the House. Its passage would require Senate approval and presidential assent, and it could trigger legal disputes over its constitutionality and compatibility with existing territorial agreements.