Birthright CLAIM Act of 2026

This Act may be cited as the “Birthright Citizenship Limits for Aliens and Illegal Migrants Act of 2026” or as the “Birthright CLAIM Act of 2026”.

(a) In general.— Section 301(a) of the Immigration and Nationality Act (8 U.S.C. 1401(a)) is amended by inserting after “, and subject to the jurisdiction thereof” the following: “, except in the case of a person born to parents who, at the time of such birth, are both not citizens or nationals of the United States, and at least one of whom was unlawfully present in the United States, or present in a lawful status other than lawful permanent residency”.

(b) Outside geographical limits.— Section 301(g) of the Immigration and Nationality Act (8 U.S.C. 1401(g)) is amended, by striking “for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years” and inserting “for a period or periods totaling not less than 10 years, at least 4 of which were after attaining the age of 14 years, and 3 of which were in the 5 year period immediately preceding the birth of such person”.

Chapter 1 of title III of the Immigration and Nationality Act (8 U.S.C. 301 et seq.) is amended by adding at the end the following:

“309A. Paternity verification.—

(a) In general.— If a person is born in the United States to a mother who is not lawfully present in the United States, and such person is alleged to be a citizen at birth under this chapter pursuant to section 301(a) by reason of the father being a United States national or an alien lawfully admitted for permanent residence, such person shall not be considered a citizen of the United States at birth until biological paternity by the father is determined according to a DNA test in accordance with this section.

(b) DNA testing.— A DNA test for purposes of subsection (a) shall be conducted by a laboratory accredited by the Secretary of Health and Human Services, in coordination with the Secretary of Homeland Security, to conduct verification of paternity by DNA. The cost of such testing shall be born by the parents or legal guardians of the person alleged to be a citizen at birth.

(c) No citizenship pending verification.— No agency or department of the Federal Government may issue a passport, certificate of citizenship, social security number, or other document premised on the United States citizenship of a person described in subsection (a) until verification of paternity through DNA testing has been established.”.