Senator Eric Schmitt (R-Mo.) is advancing efforts to restrict birthright citizenship in the United States. On Thursday, July 16, 2026, Schmitt sent a letter to Secretary of State Marco Rubio and Homeland Security Secretary Markwayne Mullin demanding the revocation of citizenship documentation issued to children born in the U.S. to foreign diplomats. He emphasized that for over a century, U.S. law and policy have recognized that children of foreign diplomats are not "subject to [U.S.] jurisdiction" and thus do not acquire citizenship at birth.

This move comes two days after Schmitt introduced the American Citizenship Act, legislation aimed at limiting birthright citizenship to children of U.S. citizens and lawful permanent residents. Schmitt stated, "I'm filing the American Citizenship Act to start the process of restoring the 14th Amendment's original meaning."

The Supreme Court recently rejected former President Donald Trump's attempt to clarify birthright citizenship in a 5-4 decision, with Trump suggesting Congress could address the issue. Constitutional attorney Mark Smith, a former Trump transition aide, explained that the 14th Amendment guarantees citizenship to anyone born in the U.S., including children of illegal immigrants, but noted that stronger border enforcement could reduce birthright tourism.

Federal policy has traditionally excluded children born to accredited foreign diplomatic officers from birthright citizenship because their parents are not fully subject to U.S. jurisdiction. The American Civil Liberties Union (ACLU), which challenged Trump's executive order, maintains that the 14th Amendment guarantees citizenship to all children born in the U.S. and that no president can alter this constitutional protection.

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