Mr. DEAL of Georgia (for himself, Mr. BURTON of Indiana, Mrs. JO ANN DAVIS of Virginia, Mr. GINGREY, Mr. KINGSTON, Mr. ROHRABACHER, Mr. SMITH of Texas, Mr. JONES of North Carolina, Mr. NORWOOD, Mr. BAKER, Mr. BARTLETT of Maryland, Mr. DUNCAN, Mr. GARRETT of New Jersey, Mr. GOODE, Mr. MANZULLO, Mr. GARY G. MILLER of California, and Mr. TANCREDO) introduced the following bill; which was referred to the Committee on the Judiciary
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Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled,
SECTION 1. SHORT TITLE.
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This Act may be cited as the `Citizenship
Reform Act of 2005'.
SEC. 2. PURPOSE.
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It is the purpose of this Act to deny
automatic citizenship at birth to children born in the United States
to parents who are not citizens or permanent resident aliens.
SEC. 3. CITIZENSHIP AT BIRTH FOR CHILDREN OF NON-CITIZEN, NON-PERMANENT RESIDENT ALIENS.
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(a) In General- Section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101) is amended by inserting after
subsection (c) the following new subsection:
`(d) For purposes of section 301(a), a person born in the United States shall be considered as `subject to the jurisdiction of the United States' if--
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`(1) the child was born in wedlock in the
United States to a parent either of whom is (A) a citizen or
national of the United States, or (B) an alien who is lawfully
admitted for permanent residence and maintains his or her
residence (as defined in subsection (a)(33)) in the United
States; or
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`(2) the child was born out of wedlock in
the United States to a mother who is (A) a citizen or national
of the United States, or (B) an alien who is lawfully admitted
for permanent residence and maintains her residence in the
United States.
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For purposes of this subsection, a child is
considered to be `born in wedlock' only if both parents are married
to each other and parents are not considered to be married if such
marriage is only a common law marriage.'.
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(b) Conforming Amendment- Section 301 of such
Act (8 U.S.C. 1401) is amended by inserting `(as defined in section
101(d))' after `subject to the jurisdiction thereof'.
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(c) Effective Date- The amendments made by
this section shall apply to aliens born on or after the date of the
enactment of this Act.