SR123: SR123 Birthright Citizenship; a constitutional right; affirm

This is a Senate resolution, not a bill that changes Georgia law. It does not amend any statute or create any new legal requirement. Instead, it states the Georgia Senate's position on a national legal and political debate over birthright citizenship, the rule that people born in the United States are automatically U.S. citizens. The resolution cites the Fourteenth Amendment to the U.S. Constitution, the 1898 Supreme Court case United States v. Wong Kim Ark, and an 1844 New York state court case, Lynch v. Clarke, as legal history supporting birthright citizenship. It criticizes the Trump Administration's actions against birthright citizenship as unconstitutional. It resolves that the Senate reaffirms birthright citizenship as a fundamental right, and directs the Secretary of the Senate to distribute copies of the resolution to the public and press.

• Declares the Georgia Senate's position that birthright citizenship is a fundamental constitutional right, without changing any Georgia statute.
• Cites the Fourteenth Amendment, the case United States v. Wong Kim Ark, and Lynch v. Clarke as historical and legal support for that position.
• States the Senate's view that recent federal actions against birthright citizenship are unconstitutional.
• Directs the Secretary of the Senate to prepare and distribute copies of the resolution to the public and press.

This resolution directly affects only the Georgia Senate itself as a formal statement of its position; it does not change any legal rights or duties for immigrants, citizens, agencies, or businesses in Georgia.

Because it is a resolution rather than a bill, it carries no legal force and does not alter who is a citizen or how citizenship is determined. Its practical effect is limited to putting the Georgia Senate's opinion on record in a national debate over federal immigration and citizenship policy.

• The whereas clauses describe the history of birthright citizenship, including the 1868 Fourteenth Amendment and the 1898 Supreme Court case United States v. Wong Kim Ark.
• The resolving clause states that the Senate reaffirms birthright citizenship as a fundamental right under the U.S. Constitution and settled constitutional law.
• A further resolved clause directs the Secretary of the Senate to make copies available to the public and press.

1. 2025-02-05Senate Read and Referred (Senate)
2. 2025-02-04Senate Hopper (Senate)

• Nabilah Islam Parkes (D, SD-007)Primary sponsor
• Harold Jones (D, SD-022)
• Jason Esteves (D, SD-035)
• Randal Mangham (D, SD-055)
• Josh McLaurin (D, SD-014)
• Nikki Merritt (D, SD-009)
• Kim Jackson (D, SD-041)
• Nan Orrock (D, SD-036)
• Kenya Wicks (D, SD-034)
• Sonya Halpern (D, SD-039)
• Gail Davenport (D, SD-017)
• Elena Parent (D, SD-044)
• Donzella James (D, SD-028)
• Michael Rhett (D, SD-033)
• David Lucas (D, SD-026)
• Derek Mallow (D, SD-002)
• RaShaun Kemp (D, SD-038)
• Sheikh Rahman (D, SD-005)

• birthright citizenship
• immigration policy
• constitutional rights
• Georgia Senate resolutions