The recent introduction of the “End Birthright Citizenship for Territories Act,” H.R. 9724, has raised a lot of questions — and misconceptions — across the community, according to Right to Democracy, which advocates for democracy and self-determination in U.S. territories.
The nonprofit is seeking to address those questions in an FAQ that examines what the new legislation — introduced by Rep. Morgan Griffith, R-Va. — could mean for people born in U.S. territories and the historical and constitutional foundations of birthright citizenship. The organization has also put out a survey, seeking the input of the communities that would be impacted by the legislation.
The measure has not become law and remains in the early stages of the legislative process. If approved by Congress and signed by the president, it would amend federal law governing citizenship at birth in Puerto Rico, Guam, the U.S. Virgin Islands and the Northern Mariana Islands for children born on or after Jan. 1, 2027.
The proposal comes just weeks after the U.S. Supreme Court’s decision in Trump v. Barbara, a closely watched case involving President Donald Trump’s executive order seeking to deny birthright citizenship to children born in the 50 states to parents who were in the country unlawfully or temporarily. In a 6-3 decision, the Court held that the order violated the Fourteenth Amendment’s Citizenship Clause, reaffirming that children born in the United States are generally entitled to citizenship at birth regardless of their parents’ immigration status.
While that ruling settled the constitutional question for births in the states, it deliberately did not address a separate issue that has existed for decades: whether the Constitution itself guarantees citizenship to people born in the U.S. territories.
That distinction is at the center of Griffith’s proposal.
Unlike people born in the 50 states, individuals born in the Virgin Islands and most other U.S. territories receive citizenship through acts of Congress. Federal law currently recognizes people born in the U.S. Virgin Islands as U.S. citizens at birth, but supporters of the new legislation argue that because Congress created those statutory rights, Congress also has the authority to change them. American Samoa is currently the exception among the inhabited U.S. territories, where people born there are generally U.S. nationals rather than U.S. citizens at birth.
“We want to hear directly from the people most affected by this proposal,” Neil Weare, co-director of Right to Democracy, said Wednesday in a press release announcing the initiative. “This is not an abstract legal debate. It is about whether Congress or the president have the power to unilaterally decide that children born under U.S. sovereignty will no longer be citizens.” Weare added, “The proposed legislation is poorly crafted and written, increasing uncertainty about its impacts. All of which makes understanding its details even more important.”
“This bill has caused much concern and confusion, as it is even written in a sloppy way,” said Adi Martínez-Román, co-director of Right to Democracy. “Being such a complex and sensitive topic, we want to help clarify the legal and historical context. Hearing directly from people in the community, and taking into account their perspectives, will help us to strategize more effectively against this federal overreach.”
The full FAQ is available at https://www.righttodemocracy.us/birthright_citizenship_faq.
Right to Democracy encourages anyone born in a U.S. territory, whether still living there or having moved stateside, to also take its short 3- to 5-minute survey at https://www.righttodemocracy.us/citizenship_survey. All information provided will be kept confidential, it said.
Right to Democracy brings together people across the political-status spectrum to confront the undemocratic colonial framework governing the U.S. territories and advance a future grounded in democracy, equity, and self-determination.
