Editor's note: This is part one in a series exploring birthright citizenship in U.S. territories and birth tourism on Guam.
Could children born on Guam after Jan. 1, 2027, become citizens of nowhere? According to Neil Weare, co-founder and co-director of Right to Democracy, a lack of limiting language in Rep. Morgan Griffith's proposed amendments to the Citizenship Clause makes it a possibility.
The proposed legislation, titled the End Birthright Citizenship for Territories Act (H.R. 9724), introduced by Griffith, would amend the federal statutes that automatically recognize people born in U.S. territories — including Guam and the Commonwealth of the Northern Mariana Islands — as U.S. citizens, ending that recognition for anyone born on or after Jan. 1, 2027.
The bill challenges the constitutional practice of birthright citizenship as upheld in the Supreme Court's decision in Trump v. Barbara as it applies to individuals born in U.S. territories.
Weare said H.R. 9724 relies on the Insular Cases and the 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,'" Weare said in a July 20 statement.
Days earlier, on July 16, Griffith wrote in his weekly e-newsletter that "citizenship in the territories is distinct from that of the States," contending that the ruling in Trump v. Barbara does not address birthright citizenship in U.S. territories.
"The Barbara case leaves the door open for Congressional action on citizenship in the American territories," Griffith wrote. "Just like Congress possesses the power to grant the territories Constitutional rights in statute, we have the power to take them away in statute."
He said his bill would "stop the so-called 'birth tourism' that is taking place in the American territories" — an occurrence he characterized as "abuse of birthright citizenship."
"Because of the current birthright laws in place in the territories, any child born in a U.S. territory (minus American Samoa) accesses U.S. citizenship automatically," Griffith said, noting this has allowed for the exploitation of U.S. citizenship laws for personal gain.
Weare called Griffith's bill "dangerous and unconstitutional," stating the proposed legislation "highlights the problem with the Insular Cases and the idea that Congress has the power to simply turn constitutional rights on and off at will in U.S. territories."
"This is a concern we've been warning about for a long time, and here it is in black and white," Weare added.
Weare served as counsel of record in an amicus brief filed in Trump v. Barbara on behalf of 21 current and former officials from U.S. territories, pushing back against the idea that the Citizenship Clause of the Fourteenth Amendment permits Congress to unilaterally deny citizenship to people born in U.S. territories.
He argued that "while Rep. Griffith says his legislative intent is to focus on addressing so-called 'birth tourism,' the actual text of the legislative amendments does not contain any limiting language and could deny citizenship to anyone born in a territory moving forward."
Weare said the proposed amendments could have far-reaching consequences for Guam and other U.S. territories.
"The proposed amendments to federal statute are sweeping, and could mean that anyone born in a U.S. territory starting in 2027 would no longer be recognized as a U.S. citizen — indeed, may not be a citizen of anywhere," Weare said.
Guam News Network reached out to the governor's office, Delegate James Moylan's office, Guam Memorial Hospital Authority and the Department of Public Health and Social Services. Responses are pending.
