Rep. Nancy Mace To Introduce Constitutional Amendment To End Birthright Citizenship For Children Of Illegal Immigrants

WASHINGTON, D.C. (Jun. 1, 2026) - Congresswoman Nancy Mace (R-SC) announced she will introduce a constitutional amendment tomorrow to slam shut one of the biggest loopholes in American immigration law: automatic citizenship for children born on U.S. soil to parents who are here illegally.

The joint resolution would clarify, under the 14th Amendment, a person born in the United States is only "subject to the jurisdiction" of the United States, and eligible for citizenship, if at least one parent is a U.S. citizen, a U.S. national, or a lawful permanent resident. Children of illegal immigrants would no longer receive automatic citizenship simply by being born on American soil.

"The 14th Amendment was never a welcome mat for illegal immigration, and it's past time we made it clear," said Congresswoman Mace. "For too long, the federal government has allowed a deliberate misreading of our Constitution to reward illegal entry with one of the most sacred gifts America can give: citizenship. This loophole has been exploited for decades. It ends now."

The 14th Amendment, ratified in 1868, grants citizenship to all persons born in the United States and "subject to the jurisdiction thereof." Rep. Mace's resolution clarifies the meaning of this phrase to exclude children born to parents with no lawful immigration status in the United States.

Every year, an estimated 250,000 to 320,000 babies are born on U.S. soil to illegal immigrant mothers, each one instantly eligible for a full range of federal benefits. Each one is a potential anchor for parents and extended family members to obtain legal status down the line. Reports estimate illegal immigrants and their U.S.-born children impose a net annual cost of $150.6 billion on American taxpayers, a number rising by billions each year. It is a system designed to be exploited, and it has been for years. Rep. Mace's amendment ends it.

"American taxpayers have been subsidizing this loophole for decades and they've had enough. The hardworking Americans who play by the rules, pay their taxes, and do everything right should not be handing a single dollar to people who broke our laws to get here and are using anchor babies to game the system and stay. Our amendment shuts it down for good," added Mace.

The amendment would require ratification by three-fourths of state legislatures to take effect.

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