Photo: Alamy
Sen. Jim Banks, R-Ind., introduced legislation Monday that would seek to end automatic birthright citizenship for children born to people who entered the United States illegally by classifying those individuals as “invaders” under federal law.
The proposal follows last month’s Supreme Court ruling striking down President Donald Trump’s executive order that sought to limit birthright citizenship for certain children born in the United States.
According to Fox News, the legislation was inspired by a concurring opinion from Justice Brett Kavanaugh, who wrote that while President Trump’s executive order conflicted with existing federal birthright citizenship law, Congress could amend the statute to create additional exceptions.
Banks’ bill, titled the Citizenship Act, would codify Trump’s 2025 executive order declaring illegal immigration across the southern border to be an “invasion” and amend the Immigration and Nationality Act to exclude the children of individuals classified under that definition from receiving automatic U.S. citizenship.
The legislation states: “Any person who enters the United States without authorization or for the purpose of engaging in birth tourism is considered an invader.”
Although the Supreme Court ruled against the president’s executive order, the president has continued to push for changes to birthright citizenship and has called on the justices to reconsider the case, a step that is permitted but rarely granted.
“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.
“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,” he added.
The legislation is expected to face legal and political scrutiny because the Supreme Court majority concluded that birthright citizenship is governed by the Fourteenth Amendment, while supporters of the bill argue Congress has authority to amend the underlying federal statute governing citizenship.