Sen. Jim Banks, R-Ind., is introducing legislation to end automatic birthright citizenship for children born in the United States to illegal immigrants and foreign nationals engaged in birth tourism, providing Congress with a legislative vehicle to advance President Donald Trump’s immigration agenda.
The Citizenship Act would amend the Immigration and Nationality Act by defining unauthorized entrants and birth tourists as statutory “invaders” whose children are not entitled to automatic citizenship. The proposal would also codify elements of Trump’s 2025 executive order declaring mass illegal immigration across the southern border an invasion.
Banks developed the legislation following recent Supreme Court decisions that limited Trump’s ability to implement the policy through executive action. In a concurring opinion, Justice Brett Kavanaugh indicated that the president’s order conflicted with existing federal citizenship law but suggested Congress possesses the authority to amend that statute and establish additional exceptions.
The bill is therefore designed to accomplish legislatively what executive action alone could not.
Banks argues that congressional action is essential to prevent illegal immigrants and birth tourists from exploiting citizenship laws while ensuring that national immigration policy reflects the priorities voters endorsed when they returned Trump to office. Trump has urged Senate Republicans to move more aggressively on his agenda, including birthright citizenship, warning lawmakers that they are “not fighting hard enough.”
The legislation relies partly on the Supreme Court’s 1898 decision in United States v. Wong Kim Ark. Although that ruling affirmed citizenship for most children born on American soil, it recognized exceptions involving foreign diplomats, hostile occupiers and “alien enemies.” Banks’ proposal would place illegal entrants and birth tourists within a newly established statutory exception.
The bill also invokes Congress’ constitutional authority to establish a uniform rule of naturalization and the federal government’s obligation to protect states against invasion. It cites concerns that birth tourism and organized migration may be encouraged by foreign interests, including entities connected to China.
“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.
For supporters of Trump’s immigration program, the Citizenship Act represents a critical test of whether congressional Republicans will convert the MAGA mandate into enforceable law. Without legislation, future administrations and federal courts may continue blocking major immigration reforms. Passage would strengthen border sovereignty, close a significant immigration loophole and demonstrate that Republican lawmakers are prepared to institutionalize Trump’s policies rather than rely exclusively on executive orders.
