Citizenship Reform Act of 2005

Amendment bill

The proposed Citizenship Reform Act of 2005 was a U. S. congressional bill introduced in the 109th United States Congress by Re. Nathan Deal (R GA). The legislation aimed to deny birthright citizenship to individuals born in the United States whose parents were not citizens or permanent residents. If enacted into law, the legislation have amended the Immigration and Nationality Act of 1965 to limit automatic citizenship at birth to apply only to a child born in the United States who were: 1) born in wedlock to parents either of whom was then a U. S. citizen or national or an alien lawfully admitted for permanent residence who maintained such residence; or (2) was born out of wedlock to a mother who was then a U. S. citizen or national or an alien lawfully admitted for permanent residence who maintained such residence. The legislation was introduced by Republican Representative Nathan Deal of Georgia.

H. R. 698 was introduced in early 2005, was referred to the House Subcommittee on Immigration, Border Security, and Claims, but saw no subsequent action and died when the 109th Congress adjourned sine die on December 9, 2006. Similar bills had been introduced in at least three previous Congresses — in the 108th Congress, in the 107th Congress, and in the 106th Congress — but, just like H. R. 698, all of them died without having been voted upon when Congress adjourned.

Whether a bill such as the Citizenship Reform Act of 2005 would manage to accomplish its intended purpose, even if it were to be enacted into law by Congress, is unclear. In a 1982 case, Plyler v. Doe, the Supreme Court rejected the suggestion that illegal immigrants to the United States might not be "subject to the jurisdiction" of the United States within the meaning of the Fourteenth Amendment. If a future Supreme Court were to rule similarly to the Plyler court, this would likely mean that the sort of change envisioned by the Citizenship Reform Act of 2005 could be accomplished only via an amendment to the Constitution.