A new bill introduced in the United States Senate is seeking to restrict automatic American citizenship for certain children born in the US Virgin Islands and other US territories, adding to an ongoing congressional debate over birthright citizenship.
The Ending Birthright Citizenship in U.S. Territories Act, introduced on September 30, 2026, by Republican Senator James Lankford of Oklahoma, proposes withholding citizenship at birth from certain children born in the territories based on their parents’ immigration status.
The bill, S. 5667, was referred to the Senate Judiciary Committee on the day it was introduced. It has not been approved by Congress or signed into law.
The proposal is particularly relevant to the British Virgin Islands, given the close geographical, family and economic ties between the BVI and the US Virgin Islands, as well as the number of BVI families who travel to the US or USVI for medical care, including childbirth.
How Could This Affect BVI Children Born in the US or USVI?
For BVI parents, the key question is whether a child born in the United States or USVI would automatically acquire American citizenship under the law in force at the time of birth.
Under the Senate proposal, a child born in a US territory would be excluded from citizenship at birth under the targeted provision if the mother is not lawfully present in the territory and the father is neither a US citizen nor a lawful permanent resident.
Both conditions would have to apply for the proposed exclusion to take effect.
This means that a BVI family could potentially be affected if a mother travelling to the USVI to give birth is considered unlawfully present under US immigration law and the father does not hold US citizenship or lawful permanent resident status.
However, being a British Virgin Islands resident or citizen does not, by itself, establish that a parent would be considered unlawfully present under US law. The circumstances of the mother’s entry and immigration status would be important in determining whether the proposal applied.
For example, if the mother is lawfully present, the Senate bill’s proposed exclusion would not apply under that provision simply because the father is not an American citizen or permanent resident. Likewise, if the father is a US citizen or lawful permanent resident, the two conditions required by the proposal would not both be met.
The bill does not provide detailed procedures for determining parental status, making the precise application of the proposed measure a matter that would require further legal clarification.
What about children born in the US mainland?
The Senate bill specifically targets births in US territories, including the US Virgin Islands, rather than proposing the same statutory amendment for births in the 50 states.
Consequently, the Senate proposal and the separate House bill discussed below should not be treated as identical to broader efforts to restrict birthright citizenship in the mainland United States.
The law governing children born in the states is a separate but related issue, and other legal and constitutional developments may affect that question.
For BVI families, the distinction matters: a child born in St Thomas or another part of the USVI may be subject to territorial citizenship provisions that are different in their statutory wording from those governing births in the states.
A Second Bill Would Introduce a January 2027 Cutoff
The Senate proposal follows a separate bill introduced in the US House of Representatives on July 16, 2026, by Republican Representative Morgan Griffith of Virginia.
That measure, H.R. 9724, is called the End Birthright Citizenship for Territories Act. Unlike the Senate bill, it proposes a general cutoff date for citizenship at birth under existing statutory provisions covering the US Virgin Islands, Puerto Rico, Guam and the Northern Mariana Islands.
The House bill would amend the law governing people born in the US Virgin Islands by limiting the existing recognition of citizenship to births occurring before January 1, 2027.
The legislation also contains language stating that the changes would not affect people born before that date and refers to protections for children born to US citizens or lawful permanent residents.
However, the wording of the proposed amendments has raised concerns about whether those exceptions would adequately limit the broader cutoff language.
Neil Weare, co-director of the territorial-rights organisation Right to Democracy, previously warned that the operative language could be interpreted more broadly than the exceptions described elsewhere in the bill.
The House proposal therefore raises a different question from the Senate measure: whether Congress should establish a general end date for birthright citizenship under the territorial statutes, rather than restrict citizenship based on specified parental immigration circumstances.
Neither proposal has become law.
Why the Issue Matters to the British Virgin Islands
Although the legislation is directed at US territories, its implications could extend beyond their immediate borders because of the relationship between the USVI and the BVI.
BVI residents regularly maintain family, educational, commercial and healthcare connections with the neighbouring American islands. For some expectant parents, the USVI may be a practical option for accessing medical services or receiving specialist care.
If the proposed restrictions were enacted, some families could face uncertainty over whether a child born in the USVI would acquire American citizenship automatically.
That question could have long-term implications for a child’s documentation, travel arrangements and access to rights or opportunities associated with US citizenship. The actual consequences would depend on the legislation ultimately enacted, the child’s circumstances and any other applicable laws.
It is also important to distinguish US citizenship from BVI status. A child’s entitlement to British citizenship, belonging status or other rights connected to a BVI parent is governed by separate legal rules. The loss or denial of US citizenship would not automatically determine whether a child is entitled to British citizenship or BVI status.
Families should therefore avoid assuming that birth in the USVI guarantees the same citizenship outcome in every circumstance, or that a change in US law would automatically remove a child’s rights under BVI or British law.
Both Proposals Remain Before Congress
The Senate bill has been referred to the Senate Judiciary Committee, while H.R. 9724 has been referred to the House Judiciary and Natural Resources committees.
The two proposals take different approaches. The Senate bill targets specific parental immigration circumstances, while the House bill seeks to establish a January 1, 2027 cutoff under existing territorial citizenship provisions.
Both would require passage through Congress and the completion of the applicable enactment process before becoming law.
For now, neither bill changes the citizenship rights of children born in the US Virgin Islands or other US territories.
Nevertheless, the proposals put an issue of potential importance to BVI families before Congress: whether the circumstances of a child’s birth and the immigration status of their parents could determine access to American citizenship.
For expectant parents in the BVI who are considering travelling to the USVI or the US mainland to give birth, the distinction between the two proposals—and the law actually in force at the time of birth—will be important to follow.