Senator Jim Banks, an Indiana Republican, introduced legislation Monday aimed at codifying President Donald Trump's executive order that would fundamentally alter the definition of birthright citizenship in the United States.
The Citizenship Act of 2026 would declare that anyone entering the country without authorization or for the purpose of giving birth on U.S. soil—a practice known as birth tourism—is considered an invader. Under the bill, children born to such individuals would not automatically qualify for U.S. citizenship.
Banks's office framed the measure as a direct response to what they call an ongoing invasion. A statement from the senator argued that the bill amends federal law to ensure that children of illegal aliens and birth tourists are not entitled to automatic citizenship, a change that would overturn the long-standing principle of jus soli—right of the soil.
“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 said in the statement. “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 legislation draws inspiration from Justice Brett Kavanaugh's concurring opinion in the Supreme Court case that struck down Trump's executive order. Kavanaugh noted that the order conflicted with the federal birthright citizenship law passed by Congress in 1940. The high court ruled 6-3 that Trump's order was unconstitutional, stating that any change to birthright citizenship would require a constitutional amendment.
Following the ruling, Trump urged lawmakers to pursue a constitutional amendment but also called for a rehearing, writing on Truth Social: “I will be asking for a Rehearing by the United States Supreme Court, IMMEDIATELY. This miscarriage of justice will destroy America if they don't change their absolutely insane decision.”
Banks is the second Republican to introduce such legislation. Last week, Representative John McGuire III of Virginia unveiled the Birthright Citizenship Clarification Act, which would codify Trump's order and eliminate the jus soli principle. McGuire's bill would deny citizenship to children of mothers with lawful temporary presence and fathers without citizenship, as well as children born on foreign ships or to foreign government officials.
The push to codify Trump's order comes amid broader debates over immigration and national identity. Critics argue that the legislation would create a permanent underclass of stateless children, while supporters insist it is necessary to protect the integrity of U.S. citizenship.
The Supreme Court's decision earlier this year upheld birthright citizenship as guaranteed by the 14th Amendment. Legal scholars widely agree that overturning that interpretation would require a constitutional amendment, a process that demands two-thirds majorities in both chambers of Congress and ratification by three-quarters of the states.
