Sen. Jim Banks Unveils Citizenship Act of 2026 to End Birthright Citizenship for Children of Illegal Immigrants

Sen. Jim Banks introduced the Citizenship Act of 2026 on July 13, seeking to end automatic citizenship at birth for children of people who enter the United States without authorization or travel for birth tourism.

The proposal follows the Supreme Court’s June 30 ruling in Trump v. Barbara, which rejected President Trump’s attempt to reach the same result through executive action. The case appears as No. 25-365 on the Supreme Court docket.

Banks said the ruling should not end the effort.

“The Supreme Court’s birthright citizenship decision was an unprecedented assault on American sovereignty. I’m leading the Citizenship Act to reverse the effects of this consequential ruling and ensure the millions of illegal aliens that invaded our country can’t continue to exploit our immigration system.”

The Indiana Republican’s bill would shift the legal dispute to Congress. It draws on a concurrence by Justice Brett Kavanaugh, who suggested that Congress may be able to amend the Immigration and Nationality Act to create new exceptions even if the president cannot do so by executive order.

The proposal would define unauthorized entrants as “invaders”

The measure would classify people who enter the country without authorization, or who come for birth tourism, as “invaders.” It argues that children of those individuals are not subject to U.S. jurisdiction under common-law principles and therefore would not qualify for citizenship.

The legislation also seeks to codify portions of Executive Order 14160, signed by President Trump on January 20, 2025. The order characterized illegal immigration as an “invasion.” The White House presidential actions page lists the executive-order materials.

The court’s ruling reaffirmed the 1898 precedent of U.S. v. Wong Kim Ark. The decision produced a 6-3 result overall, while the constitutional question drew a 5-4 majority.

That legal theory would face a new test if Congress enacted the proposal. The bill would attempt to create a statutory exception while challenging the reach of the 14th Amendment’s Citizenship Clause.

Birth tourism accounts for a small share of U.S. births

The Center for Immigration Studies and other researchers estimate that birth tourism accounts for 5,000 to 26,000 births each year. That range represents less than 1% of approximately 3.6 million babies born in the United States annually.

The proposal targets both unauthorized entry and people who travel to the country to give birth. Those categories could involve different immigration circumstances, including families with undocumented members and travelers holding temporary visas.

The administration has outlined other measures alongside the congressional proposal. Acting Attorney General Todd Blanche said July 1 that federal agencies could use the visa process to restrict people who come to the United States primarily to have a child who could obtain citizenship.

“There’s other things that [DHS] can do, and the federal government can do in the visa process. to try to minimize or limit the opportunity of folks coming here. just to have a baby that can then be a U.S. citizen.”

The Department of Justice also directed prosecutors to prioritize birth-tourism fraud. Assistant Attorney General Colin McDonald wrote in a July 1 memo:

“The Department of Justice will zealously protect the sanctity of United States citizenship by investigating and prosecuting those who fraudulently exploit our immigration system.”

Visa scrutiny is becoming part of the administration’s response

DHS General Counsel James Percival said June 25 that the department would continue pursuing border and immigration enforcement after a series of Supreme Court rulings involving asylum and Temporary Protected Status.

“These rulings are all victories for the rule of law and common sense. Under the leadership of President Trump and Secretary Mullin, DHS will continue to use every lawful avenue to secure our borders and remove those who violate our laws.”

The Justice Department’s focus on birth-tourism fraud has led to increased scrutiny of pregnant foreign travelers at airports and consulates. The approach addresses suspected misuse of the immigration system without relying solely on a change to citizenship law.

The Department of Homeland Security and U.S. Citizenship and Immigration Services have not issued a dedicated release about the bill’s introduction. Their news pages are available through the DHS newsroom and the USCIS newsroom.

Families could face prolonged status questions

Families with undocumented members or temporary visas could face prolonged uncertainty about the status of U.S.-born children if the proposal advances. Advocacy groups including the ACLU and the Asylum Seeker Advocacy Project argue that ending citizenship at birth could create a “perpetual generation” of stateless people in the United States who lack legal ties to any country.

The legislation’s proposed definition of “invader,” its relationship to the 14th Amendment, and its treatment of the 1898 precedent could all become subjects of litigation. The proposal would likely trigger a new round of landmark court challenges if lawmakers enact it.

The measure therefore presents Congress with a constitutional question that the Supreme Court’s ruling did not resolve in the way Banks sought. Any statutory exception would have to withstand challenges involving the Citizenship Clause and U.S. v. Wong Kim Ark.

This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.