As legal battles continue over President Donald Trump’s controversial push to end birthright citizenship, Republican Rep. Andy Barr of Kentucky has introduced a constitutional amendment aimed at ending what he calls “a decades-long misinterpretation” of the 14th Amendment.
Barr says his proposal is designed to “finally resolve” whether children born in the U.S. to undocumented immigrants should automatically receive citizenship—an issue at the center of Trump’s renewed immigration agenda.
“End This Debate Once and For All”
Barr’s amendment seeks to define who is “subject to the jurisdiction” of the U.S.—a phrase in the 14th Amendment often cited in legal arguments about birthright citizenship. His proposal would make clear that only children born to U.S. citizens, legal permanent residents, or lawful immigrants serving in the U.S. military would qualify for citizenship by birth.
“A person born in the United States may only be considered ‘subject to the jurisdiction of the United States,’” the amendment reads, “if at least one parent is a citizen, a lawful permanent resident living in the U.S., or a legal immigrant actively serving in the armed forces.”
Barr said the amendment is essential to backing Trump’s efforts to protect national security and uphold the rule of law. “Radical District Judges have been stopping the MAGA agenda with nationwide injunctions, preventing President Trump from cleaning up the damage done under 4 years of Joe Biden,” Barr told Fox News. “We must do whatever it takes to help President Trump protect America.”
A Supreme Court Win Fuels Momentum
The amendment comes just as the Supreme Court delivered a 6-3 ruling limiting the power of lower courts to issue nationwide injunctions—injunctions that had previously blocked Trump’s executive actions, including his 2023 order to end birthright citizenship.
While the justices did not directly address whether Trump’s order itself is constitutional, they ruled that lower courts had overstepped by halting federal policies nationwide in multiple cases filed in Maryland, Massachusetts, and Washington state.
“I applaud SCOTUS for limiting injunctions,” Barr said in a statement, “but we cannot wait on ending birthright citizenship.”
What Comes Next
Though constitutional amendments face steep odds—requiring two-thirds support in both chambers of Congress and ratification by three-fourths of the states—Barr’s proposal reflects a broader Republican push to redefine immigration law through both legislation and executive action.
It also signals a hardline stance heading into the 2026 midterms, as Trump-aligned lawmakers try to fortify the former president’s immigration policies against court challenges.
Barr’s effort follows a wave of immigration-related moves by the Trump administration this month, including new visa restrictions announced by Secretary of State Marco Rubio and the deportation of undocumented drunk drivers backed by dozens of House Democrats.
With the constitutional debate far from over, Barr says his amendment is about ending legal ambiguity and giving Trump the tools needed to reshape immigration policy at the federal level: “We’re done waiting. It’s time to put this to rest—permanently.”
