January 19, 2018 by Greg Penglis
The Center for Immigration studies has this paragraph on their site page on Birthright Citizenship:
“What Law Requires Birthright Citizenship? Is automatic birthright citizenship for children of all legal and illegal aliens expressly required by the U.S. Constitution? On its face, the answer is “no.” No language in the Constitution specifically addresses how the children of foreigners must be dealt with in regards to citizenship. The 14th Amendment confers citizenship through “naturalization” or by birth to persons “subject to the jurisdiction” of the United States, but provides no guidance on when an alien is to be regarded as subject to U.S. jurisdiction. The next question, then, is whether any statute enacted by Congress specifically directs the granting of citizenship to children born in the United States to illegal aliens. Again, the answer is “no.” The executive branch’s birthright citizenship policy is not based on any federal regulation. One might say that the practice has become policy without becoming law.
Because the current policy has not been taken through the standard legislative or regulatory processes, it has become official practice without any input from the American public or their elected representatives. A recent survey found that only 33 percent of Americans support the practice of granting automatic citizenship to children born to illegal aliens.”
Rationale:
Since there is no law and it’s not in the Constitution, here a bill to amend the Immigration and Nationality Act so birthright citizenship does have a law, and that law makes it illegal. My choice would be to make it retroactive back as far as records allow, because there is no law allowing birthright citizenship, and therefore no protection for the birth-frauds. It is the misinterpretation or intentional criminal action, by the federal government, every hospital, and every issuer of birth certificates in the country, of the 14th Amendment, that allows for birth-fraud citizenship to continue without a law being enacted, and that alone makes it illegal on top of being unconstitutional. Even the name is misinterpreted. Citizenship is not a birthright of non-citizens. By defining “subject to the jurisdiction thereof” this will end auto-citizenship, or birth-fraud citizenship, or whatever we should call it. And it guarantees a court case by the vote fraud Democrats, but they would be wrong, as usual.
Current Law:
INA: ACT 301 – NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH
Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
Our Amended Law:
The Immigration and Nationalization Act, Sec. 301. [8 U.S.C. 1401] (a) is amended by adding language to clarify the “subject to the jurisdiction thereof” clause. Clause (a) will now read:
(a) a person born in the United States, and subject to the jurisdiction thereof.
Subject to the jurisdiction thereof, means persons not subject to the jurisdiction of any other nation through citizenship in any other nation, nor owing allegiance to any other nation, nor illegal alien in this nation, nor subject to or of any nation or foreign power or entity. It means every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty. All nations have jurisdiction over their citizens, and therefore responsibility for their citizens, to whom those citizens are subject to the jurisdiction thereof. No child, born of parents from a foreign jurisdiction, can have jurisdiction within the United States, even if born on the soil or within the boundaries of the United States or its territories. All such persons born of parents with foreign jurisdiction on the soil of the United States, shall be the responsibility of such foreign nations, and shall have no claim of U.S. birthright whatsoever, and under no circumstances to citizenship of or from the United States, regardless of where or by what circumstances they are born.
Revoking “Anchor Baby” Birth-Fraud Citizenship Act of 2025
Update with Grok AI – December 7, 2025.
INTRODUCTION:
Our first version of this bill although widely circulated, never garnered any attention, despite answering a problem few acknowledged, because they didn’t even know that so-called “birthright citizenship” was unconstitutional because of the 14th Amendment, and therefore actually illegal. The wrong assumption most people make, up through the highest level of government included, is that if you are born on US soil you are a US citizen. That on its face is absurd because if that were the case, every child born on a US military base in a foreign country would be a citizen of that country. Every American tourist couple who have a child in another country would not give birth to an American, they’d have a child of the nation they are in. People usually know that American parents give birth to American children regardless where they are in the world, but they also believe the exact opposite simultaneously, that any child born in the US is automatically a US citizen regardless the citizenship of the parents. Imagine the shock of a French couple being told their baby born in the US isn’t French, but American! See how crazy this is?
Ok, so why would so many millions of people, including tourists, purposely come here, legally and illegally, to give birth on US soil? It’s not any feeling of patriotism or assimilation. It’s about MONEY! It’s all about money. The benefits at all points of someone’s life having US citizenship entitles them to huge amounts of money. Welfare, student loans, housing, food stamps, disability, Social Security, unemployment, health insurance, child support, and the list just keeps on going. The secondary reason is chain migration. Any baby with US citizenship entitles generations of that family to come here from anywhere by default, rather than by going through the normal, legal immigration process.
This is all by design by the globalists to breed out and replace all freedom loving Americans with subservient, subordinate, subjects, used to tyranny and government handouts. These are the same people de-industrializing our country to remove manufacturing, to deny millions of men their traditional jobs making stuff, and to create a service only economy where the US can no longer compete internationally. It is the same people that changed our immigration laws in 1965 and opened our borders after stealing the government, and in reality the country, in 2020.
Once freedom loving Americans who know our history and value our liberty as precious and essential to our nation become a voting minority, and the conditioned subject world population becomes the majority, the US will cease to exist as a free and prosperous country. We will be just like everybody else. And that is exactly the plan of the globalists.
The Supreme Court is taking up the case of “birth-fraud” citizenship, but as this bill explains, they have no jurisdiction, and the Constitution allows the government to fix this problem by correcting the paperwork error and properly assign the correct citizenship to people incorrectly categorized and awarded, all the way back to the 14th Amendment ratification back in 1868. Let’s see what Congress has the balls to do. I would go back to 1965, when all the real problems started.
This bill fixes permanently, all of the above.
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 “Revoking ‘Anchor Baby’ Birth-Fraud Citizenship Act of 2025”.
SECTION 2. CODIFICATION
This Act amends the Immigration and Nationality Act (chapter 12 of title 8, United States Code) by amending section 1401 and adding new sections to subchapter III, part I (Nationality at Birth and Collective Naturalization, 8 U.S.C. §§ 1401 et seq.), immediately following section 1401.
CHAPTER 12 – IMMIGRATION AND NATIONALITY
SUBCHAPTER III – NATIONALITY AND NATURALIZATION
PART I – NATIONALITY AT BIRTH AND COLLECTIVE NATURALIZATION
§ 1401. Nationals and citizens of the United States at birth
Section 1401(a) of title 8, United States Code, is amended to read in full as follows:
“(a) a person born in the United States, and subject to the jurisdiction thereof.”
Subject to the jurisdiction thereof means persons not subject to the jurisdiction of any other nation through citizenship in any other nation, nor owing allegiance to any other nation, nor illegal alien in this nation, nor subject to or of any nation or foreign power or entity. It means every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty. All nations have jurisdiction over their citizens, and therefore responsibility for their citizens, to whom those citizens are subject to the jurisdiction thereof. No child, born of parents from a foreign jurisdiction, can have jurisdiction within the United States, even if born on the soil or within the boundaries of the United States or its territories. All such persons born of parents with foreign jurisdiction on the soil of the United States shall be the responsibility of such foreign nations, and shall have no claim of U.S. birthright whatsoever, and under no circumstances to citizenship of or from the United States, regardless of where or by what circumstances they are born.”
§ 1401A. Findings – General
Congress finds that:
- No federal statute, regulation, or constitutional provision has ever mandated or authorized unrestricted jus soli (citizenship solely by place of birth) for children of foreign nationals. The current practice is an administrative assumption without force of law.
- Senator Jacob M. Howard, principal author of the Citizenship Clause of the Fourteenth Amendment, declared on the Senate floor: “This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.” (Cong. Globe, 39th Cong., 1st Sess. 2890 (1866)).
- The phrase “subject to the jurisdiction thereof” in the Fourteenth Amendment refers to full political and citizenship jurisdiction based on parental allegiance and nationality, not mere territorial presence.
- The Preamble of the Constitution begins “We the People of the United States.” The entire constitutional compact—including the Fourteenth Amendment and Article III judicial power—applies only to citizens of the United States and those lawfully naturalized. Foreign nationals and their children fall outside that jurisdiction for purposes of citizenship.
- Because foreign nationals are not “We the People of the United States,” the Supreme Court lacks Article III jurisdiction to confer or expand U.S. citizenship upon them. Any prior decision exceeding this boundary is ultra vires and void.
- Pure jus soli is a feudal English doctrine incompatible with a constitutional republic founded on consent and mutual allegiance.
- The Fourteenth Amendment was adopted primarily to secure citizenship for freed slaves who had no other national allegiance—an entirely distinct case from children of foreign nationals.
§ 1401B. Findings – Administrative Correction
Congress further finds that:
- Under the original public meaning of the Citizenship Clause of the Fourteenth Amendment, as articulated by its author Senator Jacob M. Howard and confirmed by the text “subject to the jurisdiction thereof,” no person born on U.S. soil to parents who owed allegiance to a foreign power ever became a citizen of the United States at birth.
- Consequently, every official record, certificate, passport, or database entry that lists any such person as a United States citizen is factually erroneous from the moment of its creation and may be corrected administratively without impairing any vested constitutional right, in the same manner as any other clerical or legal error recorded by the government.
- Claims that correction is “unfair” are meritless. It is manifestly unfair to actual U.S. citizens and to lawful immigrants who followed statutory procedures to grant the privileges of citizenship to those who never qualified under the Constitution.
- Equal protection under the Fourteenth Amendment is fully satisfied: once corrected, all affected persons occupy the identical legal position—lawful permanent residents (or aliens without lawful status) subject to the same immigration laws as any other non-citizen.
- Verifiable records sufficient to establish parental citizenship status exist for the overwhelming majority of persons born on or after January 1, 2000, and for millions born earlier. No constitutional principle requires perpetuation of an error simply because it is old or widespread.
- The Administrative Procedure Act (5 U.S.C. § 552a(j)–(k), as implemented by Privacy Act regulations at 45 C.F.R. Part 5b) requires federal agencies to maintain accurate records in systems of records and authorizes individuals (or agencies proactively) to amend inaccurate, incomplete, or irrelevant entries upon request or systemic review; this is supplemented by the Federal Records Act (44 U.S.C. §§ 3101–3106), which mandates agencies to establish programs for the “economical and efficient management” of records, including corrections for errors. For birth certificates, states’ vital records offices (e.g., under models from the CDC’s National Center for Health Statistics) handle issuance and amendments, with federal agencies like DHS coordinating corrections via intergovernmental agreements (42 U.S.C. § 289a-2) to ensure uniformity.
§ 1401C. Automated Correction Process
(a) Scope
Every individual ever recorded as a United States citizen solely by virtue of birth on U.S. soil shall have their status corrected if verifiable records establish that neither parent was a U.S. citizen or national at the time of birth. The process is limited only by the existence of reliable records.
(b) Mandatory Government Action
Within 365 days of enactment (extendable yearly by joint resolution), the Secretary of Homeland Security shall:
- Systematically identify every such individual in federal and cooperating State databases.
- Automatically issue corrected vital records, Social Security records, and passports reflecting non-citizen status.
- Issue, without fee or application, a Permanent Resident Card (Form I-551) to every corrected individual still residing in or later seeking admission to the United States, unless barred by criminal or security grounds.
- State Compliance and Graduated Funding Penalties
Immediately purge all corrected individuals from every voter registration roll and jury selection list. Any State failing to comply shall suffer the following reductions in federal funds under titles 23, 20, and 42 U.S.C.:- 15 % beginning on day 91 after notification
- 50 % beginning on day 181 after notification
- 100 % beginning on day 271 and continuing until the Attorney General certifies full compliance.
- Deliver corrected documents by certified mail and secure electronic means; maintain a public website (CorrectedCitizenship.gov) for status lookup and pickup locations.
- Notify all state benefits agencies, E-Verify, Selective Service, and federal security-clearance systems. Security clearances shall be re-adjudicated under non-citizen standards; this may affect assignment or promotion but not automatic separation from service.
- Flag records of individuals outside the United States for future visa/admission processing.
- No State, locality, or political subdivision thereof—including any designated as a “sanctuary jurisdiction” under 8 U.S.C. § 1373—may treat any individual whose citizenship has been corrected under this part as a U.S. citizen for any purpose, including but not limited to access to benefits, services, voting, jury service, or law enforcement cooperation. Violations shall trigger the same graduated funding penalties under subsection (b)(4), enforced by the Attorney General pursuant to the Supremacy Clause (U.S. Const. art. VI, cl. 2), and the Fourteenth Amendment’s equal protection clause.
(c) Multi-Generational Chains
The process shall automatically repeat for every descendant until no further erroneous citizenship notations remain.
(d) Immigration Consequences
Upon correction, individuals occupy the legal status of lawful permanent residents (or aliens without lawful status). All existing grounds of deportability and inadmissibility apply without special immunity.
(e) No Judicial Review
Congress declares that correction of an administrative error in recording citizenship is an agency action committed to agency discretion by law and is therefore unreviewable under 5 U.S.C. § 701(a)(2). Foreign nationals and their descendants never possessed standing to invoke Article III.
§ 1401D. Rule of Construction
Nothing in this part shall affect citizenship validly acquired under any other provision of law or the status of descendants of former slaves or members of federally recognized Indian tribes granted citizenship by treaty or statute per the Fourteenth Amendment.
§ 1401E. Severability
If any provision of this part is held invalid, the remainder shall remain in effect.
§ 1401F. Effective Date
This part takes effect upon enactment. The automated correction process shall commence no later than 180 days after enactment and continue until complete.
CONFORMING AMENDMENTS
- 8 U.S.C. § 1101(a)(23) – strike “section 301” and insert “sections 1401 through 1401F”.
- 8 U.S.C. § 1451 – add at the end: “This section shall not apply to corrections made under sections 1401C through 1401F.”
ENDORSEMENTS:
BILL STATUS;
COMMENTS:
