SR 123: Birthright Citizenship; a constitutional right; affirm

This is a resolution, not a law, so it does not change any Georgia statute or the U.S. Constitution. It states the Georgia Senate's position that birthright citizenship, the principle that a person born on U.S. soil is automatically a citizen, is a fundamental constitutional right rooted in the Fourteenth Amendment and cases like United States v. Wong Kim Ark. The resolution recites historical background, including an 1844 New York court case and the 1898 Supreme Court decision, and criticizes recent federal efforts to limit birthright citizenship as unconstitutional. It resolves that Senate members reaffirm this right and directs the Secretary of the Senate to distribute copies of the resolution to the public and the press. It creates no new legal requirements or penalties.

• Declares the Georgia Senate's position that birthright citizenship is a fundamental constitutional right under the Fourteenth Amendment.
• Recites historical and legal background, including the 1844 Lynch v. Clarke case and the 1898 United States v. Wong Kim Ark Supreme Court decision.
• Criticizes recent federal actions targeting birthright citizenship as unconstitutional.
• Directs the Secretary of the Senate to make copies of the resolution available to the public and press.
• Creates no binding law, penalty, or funding, since it is a resolution expressing the Senate's opinion rather than a bill amending Georgia code.

This resolution primarily affects the Georgia Senate itself as a formal statement of position. It does not directly regulate immigrants, citizens, state agencies, or businesses, though it addresses a topic relevant to immigrant families and anyone whose citizenship traces to birth in the United States.

Because this is a resolution rather than a bill, it does not change any law or create enforceable rights. Its practical effect is symbolic: it records the Georgia Senate's stance on a national debate over birthright citizenship and directs that stance be publicized.

• The whereas clauses cite Lynch v. Clarke (1844), the Fourteenth Amendment (1868), and United States v. Wong Kim Ark (1898) as legal basis for birthright citizenship.
• The first resolving clause has Senate members reaffirm birthright citizenship as a fundamental right under the U.S. Constitution.
• The second resolving clause directs the Secretary of the Senate to distribute copies of the resolution to the public and press.
• The resolution contains no operative statutory language, penalties, funding, or effective date since it does not amend Georgia law.

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
• constitutional rights
• Fourteenth Amendment