Senator Jim Banks is set to introduce legislation aimed at ending birthright citizenship for children of illegal immigrants and birth tourists. The proposed bill, known as the Citizenship Act, would define these individuals as children of "invaders" under federal law. This move comes after a recent Supreme Court ruling dealt a setback to President Donald Trump's executive order on the issue.
The legislation is crafted with a nod to Trump-appointed Justice Brett Kavanaugh's concurrence in a recent case, which suggested Congress could amend federal law to create new exceptions to birthright citizenship. The bill would declare that children of statutory "invaders" are not entitled to birthright citizenship under the law.
The Citizenship Act would codify a 2025 executive order that cites the term "invaders" and amend the Immigration and Nationality Act to exclude children of such individuals. The bill's summary states that any person who enters the United States without authorization or for the purpose of engaging in birth tourism is considered an "invader."
Banks' use of the term "invaders" cites Trump's executive order declaring illegal immigration across the southern border an "invasion." The bill notes that a recent court decision leaves the avenue open for Congress to crack down on this issue.
The proposed legislation would not touch the constitutional amendment process or attempt to overturn any court ruling. Instead, it would codify Trump's declaration of "invasion" and amend federal law to revoke birthright citizenship from children of illegal immigrants under exceptions listed in a recent case.
The bill's introduction comes after Trump urged Senate Republicans to move faster on his legislative agenda, including ending birthright citizenship. Banks said that the Supreme Court's birthright citizenship decision was an "unprecedented assault on American sovereignty," and that the Citizenship Act is necessary to reverse the effects of this ruling.
Banks' bill argues that birthright citizenship has become intertwined with broader questions of national sovereignty and foreign influence. The legislation points to examples of foreign governments, including the Chinese government, encouraging birth tourism in the United States.
The proposed legislation has sparked debate over what defines an invasion by a hostile government. Banks makes a textual Constitutional argument in his bill, writing that Article IV requires the federal government to protect each state against invasion, while Congress' Article I power includes establishing a uniform rule of naturalization.
