Answer

A few weeks prior to the Trump Executive Order, and a few weeks after Vice President JD Vance declared on primetime television that limiting birthright citizenship in U.S. territories was “a great idea,”  a Virginia congressman introduced the End Birthright Citizenship for Territories Act, H.R. 9724, which challenges birthright citizenship in U.S. territories. Citing the Insular Cases and Territory Clause, the proposed legislation explains “Congress has the power to legislate with respect to the United States territories, including citizenship status,” emphasizing that “Congress has the inherent authority to change statutes relating to citizenship of persons born in the territories.” In a statement, Rep. Griffith claimed “the Barbara case leaves the door open for Congressional action on citizenship in the American territories.” He explained, “Just like Congress possesses the power to grant the territories Constitutional rights in statute, we have the power to take them away in statute.”

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