Banks Takes Action on Supreme Court’s Birthright Citizenship Ruling: Introduces Citizenship Act of 2026

WASHINGTON, D.C. - This afternoon, Sen. Jim Banks (R-Ind.) introduced the Citizenship Act of 2026 to end birthright citizenship for the children of illegal aliens and birth tourists. The legislation codifies President Trump's January 20, 2025 Executive Order declaring that the United States is under invasion by illegal aliens. The bill responds to President Trump's call for Congress to act on birthright citizenship following the Supreme Court's decision in Trump v. Barbara.

The Citizenship Act of 2026 affirms Congress's constitutional authority over naturalization and codifies the longstanding exception to birthright citizenship for children born to foreign invaders. The legislation finds that illegal immigration and birth tourism constitute an ongoing invasion and amends federal law to confirm that children born to illegal aliens and birth tourists are not entitled to automatic citizenship.

Sen Jim Banks (R-Ind.): "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. 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."

Fox News Digital exclusive here.

Full bill text can be found here.

Key Provisions of the Citizenship Act:

• Codifies President Trump's declaration that the United States is under invasion by illegal aliens.

• Amends federal law to confirm that children born to illegal aliens are not entitled to birthright citizenship, codifying a longstanding common law exception for children of foreign invaders.

• Affirms Congress's constitutional authority to establish a uniform rule of naturalization and the duty of the United States to protect states from invasion.

• Provides a legislative fix consistent with the Supreme Court's decision in Trump v. Barbara, which recognized that children of invaders are not entitled to birthright citizenship.

• Responds to the ongoing border crisis, with as many as 15 million illegal aliens remaining in the United States, by ensuring federal law confirms that birthright citizenship does not apply to the children of those who entered as part of an invasion.

Background:

Article I of the Constitution gives Congress the authority to establish a uniform rule of naturalization, while Article IV guarantees that the federal government will protect the states against invasion. The bill argues that the unprecedented surge of illegal immigration in recent years, combined with the continued exploitation of birth tourism, constitutes an ongoing invasion that Congress has the authority to address.

The legislation follows the Supreme Court's decision in Trump v. Barbara, which left intact the longstanding constitutional exception that children born to foreign invaders are not entitled to birthright citizenship. This bill codifies President Trump's January 20, 2025 declaration that the mass unlawful movement of persons into the United States constitutes an invasion and applies that principle to illegal aliens and birth tourists.

###