New Senate bill seeks to restrict birthright citizenship in USVI
WASHINGTON D.C, USA- A new bill introduced in the U.S. Senate seeks to restrict automatic American citizenship for certain children born in the Virgin Islands and other U.S. territories, adding a second congressional proposal to a debate over territorial birthright citizenship that V.I. Consortium first examined in July.
The legislation, introduced September 30 by Republican Senator James Lankford of Oklahoma, would withhold citizenship at birth from children born in U.S. territories when their mothers are not lawfully present and their fathers are neither U.S. citizens nor lawful permanent residents.
Known as the Ending Birthright Citizenship in U.S. Territories Act, Senate Bill 5667 was referred to the Senate Judiciary Committee on the day of its introduction. It has not been approved by either chamber of Congress and has not become law.
The proposal differs substantially from legislation introduced in July by Republican Representative Morgan Griffith of Virginia. While the House bill would directly amend the laws establishing citizenship at birth in the Virgin Islands, Puerto Rico, Guam and the Northern Mariana Islands, the Senate measure instead targets a general provision of federal immigration law.
Proposal targets children based on parents' immigration status
Lankford's bill proposes amending Section 301(a) of the Immigration and Nationality Act, codified at 8 U.S.C. § 1401(a).
That provision recognises as citizens at birth people born in the United States who are subject to its jurisdiction. For purposes of the immigration statute, the geographic definition of the United States includes Puerto Rico, Guam, the Virgin Islands and the Northern Mariana Islands, in addition to the states.
The Senate proposal would insert an exclusion for children born in a U.S. territory when two conditions are present: the mother is not lawfully present in the territory, and the father is neither an American citizen nor a lawful permanent resident.
Both conditions would have to apply for the proposed exclusion to take effect under that section.
The legislation consists of two sections establishing its title and the proposed amendment to federal citizenship law. It does not include a delayed implementation date or detailed procedures for determining the immigration status of parents.
Earlier House bill proposes January 2027 cutoff
The Senate legislation follows a separate proposal introduced July 16 by Griffith, which V.I. Consortium reported on July 20.
That measure, H.R. 9724, is titled the End Birthright Citizenship for Territories Act. It would amend the federal citizenship provisions governing the Virgin Islands, Puerto Rico, Guam and the Northern Mariana Islands by inserting a January 1, 2027 cutoff into the existing statutory language.
For the Virgin Islands, the House proposal would change the provision recognising citizenship for people born in the territory on or after February 25, 1927, by adding language limiting that recognition to births occurring before January 1, 2027.
The bill contains a separate provision stating that the changes would not affect anyone born before that date. It also states that children born in the territories to U.S. citizens or lawful permanent residents would retain citizenship protections.
However, the amendments establishing the cutoff dates do not themselves include those parental-status exceptions.
The Senate proposal takes a narrower approach in its wording, identifying the parental immigration circumstances under which citizenship would be withheld rather than establishing a general cutoff date for the existing territorial provisions.
Unlike the House measure, it contains no January 1, 2027 deadline. It also does not propose ending citizenship at birth for every child born in the territories after a specified date.
Congressional proposals remain in Committee
The two measures come amid a broader national debate over birthright citizenship, including efforts by President Donald Trump's administration and Republican lawmakers to restrict automatic citizenship for certain children born to noncitizens.
Griffith's House legislation also cites Congress's authority under the Constitution's Territory Clause and references the Insular Cases, a series of Supreme Court decisions concerning the constitutional treatment of U.S. territories.
The Senate bill does not include those arguments. It instead proposes a direct amendment to the Immigration and Nationality Act identifying the circumstances under which certain children born in the territories would be excluded from citizenship at birth.
Neither measure has advanced beyond the committee stage. H.R. 9724 was referred to the House Judiciary and Natural Resources committees, while S. 5667 remains before the Senate Judiciary Committee.
Both proposals would require congressional approval and the president's signature, or enactment through a congressional override of a veto, before becoming law.
For now, neither bill changes the citizenship rights of children born in the Virgin Islands or any other U.S. territory.
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14 Responses to “New Senate bill seeks to restrict birthright citizenship in USVI”
Only indigenous people.
Ha ha.
Same as VI. Ha ha ha.
We all know that for years people just been going to these territories only to get children and give them USA rights and passports. Including many BVI people. Meanwhile the children never live in the USA or the mother illegally there. These people should not be citizens. Do it the right way.
We don't even need uk passport
Once we got access to travel to all we Caribbean countries we will stay in the Caribbean
Natalio for King of the bvi!!
The Insular Cases created two types of citizenship, ie, constitutional, and statutory. Insular Cases are used as precedence by the Executive Branch, DOJ, courts, etc, regarding the constitutional rights of people born in the territories. The Insular Cases are controversial and racist. The Downs v. Bidwell case called the people born in the territories “Aliens;” Delima v. Bidwell, “Savages.” Further, they claim that people in territories lack the capacity and capability to effectively govern consistent with Anglo-Saxon principles, etc., saying the quiet part out loud, ie, people born in the territories are not equal to Americans born in the non-contiguous mainland save for Alaska and Hawaii.
Moreover, the Insular Cases created the Doctrine of Incorporation. Territories considered Incorporated was well on the way to statehood. On the other hand, territories considered unincorporated, ie, Puerto Rico, Guam, Commonwealth of Northern Marianas, American Samoa ( people in Samoa are American nationals), and USVI are Unincorporated territories. Puerto Rico was a territory long before many territories, which are now states. Puerto Rico was under Spain as a territory for approximately 400 years, and under the US for over 100 years (1898 at conclusion of Spanish-American War.). What is the common characteristic of people in the Unincorporated territories?
Further, for example, people in the USVI are American Citizens but have no representation in the US Senate, have a non-voting delegate in the US House of Representative, cannot vote for President from the the USVI, cannot qualify for some benefits enjoyed by other Americans in the US, but Virgin Islanders can be drafted to fight to defend, protect the US, its interests, democracy, etc., at home and abroad. Ironically, though the President can send them to war, but they cannot vote for him from home.Some commercial activities consider shipping to territories foreign. The SCOTUS shift the responsibility for citizenship of people in territories to Congress. Nevertheless, Congress lacks the courage to act. It is time for Congress to act., taking action to bring citizenship equality to the people in the territories.
By the way, the proposed changes to people born in territories is a somewhat long journey. It has to wind their ways through the House committee, Senate Committee, House and Senate Floor votes, courts rulings, Prez signature, SCOTUS. SCOTUS is the wild card. The intent of the proposal is to get cases to SCOTUS, for there is little daylight the poorly rated SCOTUS and an unpopular president. It is the prez something which rhymes with witch.