What legal provision defines birthright citizenship in the United States, and what specific constitutional or statutory change is being proposed to alter it?

The Fourteenth Amendment’s Citizenship Clause defines birthright citizenship: “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.” The Supreme Court upheld this in United States v. Wong Kim Ark (1898).

H.R. 140, the “Birthright Citizenship Act of 2023,” proposes changing this. Introduced in the House on January 10, 2023, the bill would amend 8 U.S.C. § 1401. It limits citizenship to children born in the U.S. only if at least one parent is a citizen, lawful permanent resident, or active-duty military member. The proposal is framed as a statutory revision, not a constitutional amendment.

H.R. 140 sits in the House Judiciary Committee. It has not been voted on by the full House.