Sen. Banks Introduces Citizenship Act to End Birthright Rule

Sen. Jim Banks (R-Ind.) announced plans Monday to introduce the “Citizenship Act,” a bill that would end birthright citizenship for children of illegal immigrants and birth tourists by classifying them as “invaders” under federal law. The legislative push follows the Supreme Court’s June 30 ruling in Trump v. Barbara, which struck down President Donald Trump’s executive order attempting to end birthright citizenship but opened a narrow legislative path forward.

The Kavanaugh Roadmap

The Supreme Court ruled 6-3 in Trump v. Barbara that Trump’s executive order denying birthright citizenship to children of undocumented and temporary visa holders violated the 14th Amendment. Chief Justice John Roberts wrote the majority opinion, holding that the Citizenship Clause applies to “all children born in the United States, regardless of their parents’ immigration status,” as reported by USA Today.

However, Justice Brett Kavanaugh’s concurrence provided what supporters call a “roadmap.” Kavanaugh argued that Trump’s order violated a federal statute — not the 14th Amendment itself — and suggested Congress could amend that statute to create new exceptions to birthright citizenship. Banks crafted the Citizenship Act with this concurrence as its legal foundation, according to Fox News.

The Citizenship Act

The bill declares that children of “invaders” — defined as persons who enter the U.S. without authorization or for the purpose of birth tourism — are not entitled to birthright citizenship. It amends the Immigration and Nationality Act to exclude such children and codifies Trump’s 2025 executive order declaring an “invasion” at the southern border.

“The Supreme Court’s birthright citizenship decision was an unprecedented assault on American sovereignty, and we must do whatever it takes to save our country,” Banks told Fox News Digital. “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 legal strategy relies on the 1898 Supreme Court case United States v. Wong Kim Ark, which affirmed birthright citizenship for children born in the U.S. to foreign parents but identified exceptions for children of foreign diplomats, “enemies within,” and those in “hostile occupation” of U.S. territory. Banks’ bill argues that illegal immigrants and birth tourists fall under these exceptions.

Parallel Efforts and Republican Divergence

Sen. Bernie Moreno (R-Ohio) announced on June 30 that he would reintroduce the Immigration Stabilization Act of 2026 — a near-identical copy of former Sen. Harry Reid’s (D-Nev.) 1993 bill to eliminate birthright citizenship. Reid later called the bill a mistake, as noted by USA Today.

However, not all Republicans agree on the legislative path. Florida Gov. Ron DeSantis acknowledged that a constitutional amendment — not legislation — is now the proper path, writing that the decision “is a substantive decision that says the 14th amendment requires citizenship for those born to, among others, birth tourists or those unlawfully present.” Sen. Mike Lee (R-Utah) similarly called for “the long fight for a constitutional amendment.”

Legal Experts Question the Approach

Constitutional law experts overwhelmingly argue that the Supreme Court’s majority opinion leaves no room for Congress to override birthright citizenship through ordinary legislation. According to FactCheck.org, experts including Garrett Epps of the University of Oregon, Muzaffar Chishti of the Migration Policy Institute, and Jorge Loweree of the American Immigration Council state that a constitutional amendment would be required.

“Trump is grasping at straws,” Epps told FactCheck.org. “There is no language in the majority opinion in Barbara that suggests Congress could change the birthright citizenship rule of the Fourteenth Amendment by statute.”

David Carey of the ACLU of Ohio was equally blunt: “Statutes cannot override the Constitution. Any bill attempting to override the Supreme Court’s decision would accomplish nothing, except perhaps to make people afraid unnecessarily that their elected officials are targeting them again.”

What’s Next

The Citizenship Act faces uncertain prospects in Congress, where Republicans hold narrow majorities. Even if passed, legal experts predict the legislation would face immediate constitutional challenges and almost certainly be struck down by the courts. The ACLU, which successfully challenged Trump’s executive order, has signaled it would challenge any legislative attempt to limit birthright citizenship.

Beyond the legislative battle, the birthright citizenship debate is expected to become a major campaign issue in the 2026 midterm elections, mobilizing both supporters and opponents. President Trump has also called for a rehearing petition in Trump v. Barbara, though no petition had been filed as of mid-July.

For now, the 14th Amendment’s guarantee — that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens” — remains the law of the land, reaffirmed by the nation’s highest court.