Griffith introduces bill to end birthright citizenship in U.S. territories while Southwest Virginia continues to struggle

Even after the Supreme Court affirmed last month in Trump v. Barbara that the Fourteenth Amendment guarantees birthright citizenship to children born in the 50 states and Washington, D.C., Morgan Griffith introduced legislation on Thursday to restrict statutory birthright citizenship in the U.S. territories.

He is doing this while Southwest Virginia faces hospitals at risk of closure, school-based health clinics shutting their doors, rising healthcare costs, and food insecurity affecting families across the region.

His bill, titled "End Birthright Citizenship for Territories Act," would end automatic U.S. citizenship for most children born after January 1, 2027, in Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands unless at least one parent is a U.S. citizen or lawful permanent resident. It would not affect anyone already born or change the status of American Samoa.

Griffith argues that the legislation is intended to prevent foreign nationals from using U.S. territories for "birth tourism" and says Congress has the authority to change citizenship laws in the territories through statute.

Whether Congress can actually do what Griffith proposes, however, is far from settled. Griffith argues that citizenship in Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands exists through federal statutes that Congress may amend.

Federal appeals courts have accepted similar reasoning in cases involving American Samoa, but the Supreme Court has never squarely ruled that Congress may withdraw birthright citizenship from future children born in the four territories where it is currently guaranteed. Griffith’s bill would therefore test an unresolved constitutional question and would almost certainly face a major constitutional challenge if enacted.

Whether Griffith's legal argument ultimately succeeds or fails, this is where he has chosen to devote his attention.

Southwest Virginia needs a representative focused on keeping rural hospitals open, expanding access to healthcare and creating jobs — not litigating constitutional questions about citizenship in territories thousands of miles away.

It's time to elect a member of Congress whose priorities begin in Virginia's Ninth District.

Read the full bill here: https://morgangriffith.house.gov/uploadedfiles/7.16.26_-_birthrightcitizenship.pdf