H.R. 3368: Born in the USA Act of 2025

Strip out the title and the findings and what is left of H.R. 3368 fits in a single sentence. No federal money may be appropriated or otherwise made available to carry out Executive Order 14160, or any successor executive order, regulation, or policy. That is the entire mechanism.

The order it targets was signed on January 20, 2025. It directs federal agencies to stop issuing or accepting documents that recognize U.S. citizenship for children born here when the mother is in the country unlawfully or on a temporary visa and the father is neither a citizen nor a lawful permanent resident. In practice that means passports and Social Security numbers — the documents that turn a state birth certificate into federally recognized citizenship.

The successor clause is what gives the bill reach. An executive order can be withdrawn and reissued under a new number in an afternoon. A policy can be moved out of an order and into an agency memo or a regulation. The bill's language follows the effort wherever it goes, so a rewrite would be defunded the moment it was signed.

The rest of the bill is Congress explaining itself. The findings call the order "flagrantly and clearly unconstitutional," quote the 14th Amendment's citizenship clause, and lean on the Supreme Court's 1898 Wong Kim Ark decision, which the bill says settled that children born on U.S. soil to non-citizen parents are citizens. The findings go one step further than most: they assert that birthright citizenship cannot be rescinded by executive order or by an act of Congress.

What the bill does not do is decide anyone's citizenship. It writes no new rule about who is a citizen at birth, and it does not end the court fight over the order. It removes the federal government's ability to spend money enforcing the order while that fight plays out — and afterward, if the order survives.