[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 133 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 133

  To amend the Immigration and Nationality Act to deny citizenship at 
  birth to children born in the United States of parents who are not 
                 citizens or permanent resident aliens.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2007

 Mr. Gallegly introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act to deny citizenship at 
  birth to children born in the United States of parents who are not 
                 citizens or permanent resident aliens.

    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 ``Citizenship Reform Act of 2007''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to deny automatic citizenship at 
birth to children born in the United States to parents who are not 
citizens or permanent resident aliens.

SEC. 3. DENYING CITIZENSHIP AT BIRTH FOR CHILDREN OF NON-CITIZEN, NON-
              PERMANENT RESIDENT ALIENS.

    (a) In General.--Section 101 of the Immigration and Nationality Act 
(8 U.S.C. 1101) is amended by inserting after subsection (c) the 
following new subsection:
    ``(d) For purposes of section 301(a), a person born in the United 
States shall be considered as `subject to the jurisdiction of the 
United States' if--
            ``(1) the child was born in wedlock in the United States to 
        a parent who is--
                    ``(A) a citizen or national of the United States; 
                or
                    ``(B) an alien lawfully admitted for permanent 
                residence in the United States who maintains his or her 
                residence (as defined in subsection (a)(33)) in the 
                United States; or
            ``(2) the child was born out of wedlock in the United 
        States--
                    ``(A) to a mother who is--
                            ``(i) a citizen or national of the United 
                        States; or
                            ``(ii) an alien lawfully admitted for 
                        permanent residence in the United States who 
                        maintains her residence (as defined in 
                        subsection (a)(33)) in the United States; or
                    ``(B) to a father who is a citizen or national of 
                the United States, or an alien lawfully admitted for 
                permanent residence in the United States who maintains 
                his residence (as defined in subsection (a)(33)) in the 
                United States, but only if--
                            ``(i) a blood relationship between the 
                        father and the child is established by clear 
                        and convincing evidence;
                            ``(ii) the father had the nationality of 
                        the United States or was a permanent resident 
                        of the United States at the time of the child's 
                        birth;
                            ``(iii) the father (unless deceased) has 
                        agreed in writing to provide financial support 
                        for the child until the child reaches18 years 
                        of age; and
                            ``(iv) while the child is under 18 years of 
                        age--
                                    ``(I) the father acknowledges 
                                paternity of the child in writing under 
                                oath; or
                                    ``(II) the paternity of the child 
                                is established by adjudication of a 
                                competent court.
For purposes of this subsection, a child is considered to be `born in 
wedlock' only if both parents are married to each other and parents are 
not considered to be married if such marriage is only a common law 
marriage.''.
    (b) Conforming Amendment.--Section 301 of such Act (8 U.S.C. 1401) 
is amended by inserting ``(as defined in section 101(d))'' after 
``subject to the jurisdiction thereof''.
    (c) Effective Date.--The amendments made by this section shall 
apply to aliens born on or after the date of the enactment of this Act.
                                 <all>