[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1386 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1386
To amend the Immigration and Nationality Act to provide for the
automatic acquisition of citizenship for certain children born outside
the United States to a parent who is or becomes a United States
citizen, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 7, 2023
Ms. Clarke of New York (for herself, Ms. Adams, Ms. Norton, Mr.
Espaillat, Ms. Lee of California, Mr. McGovern, Ms. Tokuda, Mr. Bowman,
Mr. Garcia of Illinois, Ms. Tlaib, Mr. Vargas, Ms. Jacobs, Ms.
Barragan, Mr. Casar, Ms. Meng, Ms. Williams of Georgia, Mr. Trone, Mr.
Johnson of Georgia, and Mr. Ivey) introduced the following bill; which
was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide for the
automatic acquisition of citizenship for certain children born outside
the United States to a parent who is or becomes a United States
citizen, and for other purposes.
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 ``Equal Citizenship for Children Act
of 2023''.
SEC. 2. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR CERTAIN CHILDREN BORN
OUTSIDE THE UNITED STATES.
Section 320 of the Immigration and Nationality Act (8 U.S.C. 1431)
is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``all of the following conditions'' and
inserting ``each of the following applicable
conditions'';
(B) by amending paragraph (2) to read as follows:
``(2) If the parent is a naturalized citizen, the child is
under the age of eighteen years at the time of the parent's
naturalization.''; and
(C) in paragraph (3)--
(i) by striking ``The child is residing''
and inserting ``While under the age of
eighteen, the child resides'';
(ii) by striking ``legal and physical
custody'' and inserting ``legal custody''; and
(iii) by inserting before the period at the
end the following: ``, or a pending application
to adjust status to lawful permanent
resident''; and
(2) by adding at the end the following:
``(e) Definition.--For purposes of this section, the term `child'
has the meaning given such term in section 101(c), except that such
term includes the nonmarital child of a legal custodial citizen father,
and the child of a United States citizen parent if the parent-child
relationship satisfies the parentage laws of the child's or parent's
residence or domicile, whether in the United States or elsewhere.
``(f) Clarifications.--Any provision of law (including section
301(b) of the Immigration and Nationality Act (as in effect before
October 10, 1978), and the provisos of section 201(g) of the
Nationality Act of 1940) that provide for a person's loss of
citizenship if the person failed to come to, or reside or be physically
present in, the United States shall not apply in the case of a person
claiming United States citizenship based on such person's descent from
an individual described in this section. Any provision of law
(including sections 301 and 309 of the Immigration and Nationality Act,
and the provisos of 201(g) and 205 the Nationality Act of 1940) that
require the citizen parent to reside in the United States for a number
of years shall be deemed satisfied by subsection (a)(3).
``(g) Retroactive Application.--This section, as amended by the
Equal Citizenship for Children Act of 2023 shall be applied to persons
born after noon (Eastern Standard Time), January 9, 1941, as though
this section, as amended, had been in effect on the date of their
birth, except that the retroactive application described in this
subsection shall not affect the validity of citizenship of anyone who
has obtained citizenship under any other provision of law.''.
SEC. 3. CHILDREN BORN AND RESIDING OUTSIDE THE UNITED STATES.
Section 322 of the Immigration and Nationality Act (8 U.S.C. 1433)
is amended by adding at the end the following:
``(e) Definition.--For purposes of this section, the term `child'
has the meaning given such term in section 320.''.
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