Birthright citizenship according to the Constitution of the United States
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(a) In general Section 301(a) of the Immigration and Nationality Act (8 U.S.C. 1401(a)) is amended to read as follows: (a) a person born in the United States and not subject to any foreign power: Provided, That (1) a person born in the United States shall be deemed subject to a foreign power if neither parent of such person is a United States citizen or has been lawfully admitted for permanent residence at the time of such person's birth; and (2) a person shall be deemed born outside, not in, the United States if both parents of such person are applicants for admission under section 235(a)(1);. (b) Applicability The amendment made by subsection (a) may not be construed to affect the citizenship or nationality status of any person who was born before the date of the enactment of this Act. (c) Severability If any provision of this Act, an amendment made by this Act, or the application of such a provision or amendment to any particular person or circumstance is held to be unconstitutional, the remaining provisions of this Act and amendments made by this Act, and the application of such provisions and amendments to any other person or circumstance, shall not be affected.