The federal government is set to introduce legislation that would redefine the term "invader" in the context of immigration law, potentially impacting the citizenship status of U.S.-born children of unauthorized immigrants.
The proposed legislation, known as the Citizenship Act, would amend the Immigration and Nationality Act to state that any person who enters the United States without authorization or for the purpose of engaging in birth tourism is considered an "invader." As a result, their U.S.-born children would not automatically receive citizenship.
The bill's key provision cites a 2025 executive order that declared illegal immigration across the southern border an "invasion." This terminology is significant, as the Supreme Court's Wong Kim Ark decision established that three categories of people do not receive citizenship, including children of "invaders."
The Citizenship Act would codify this declaration and exclude children of such "invaders" from birthright citizenship. This move is part of a broader effort by Republicans to crack down on birth tourism and the abuse of birthright citizenship.
House Speaker Mike Johnson has vowed that Republicans will not surrender in the face of the Supreme Court's ruling, and are evaluating both legislative solutions and the possibility of a constitutional amendment to address the issue.
The Trump administration has continued to pursue criminal prosecutions involving birth tourism schemes, including allegations of visa fraud, identity theft, money laundering, and wire fraud, even after the Supreme Court ruling.
