Senator Jim Banks Introduces Legislation to Restrict Birthright Citizenship for Children of Undocumented Immigrants

Senator Jim Banks of Indiana has introduced federal legislation designed to restrict automatic citizenship for children born in the United States to parents who entered the country without authorization or for "birth tourism." The Citizenship Act of 2026 represents an effort to implement through law what the Supreme Court blocked in June when it rejected President Trump's executive order attempting similar restrictions.

The Legislative Push

Banks introduced the measure on July 13, framing it as a response to what he called an "unprecedented assault on American sovereignty." The Indiana Republican's proposal would amend federal law to establish that children born to individuals who entered the United States unlawfully or temporarily for the purpose of birth tourism would not automatically receive citizenship at birth.

The bill's language characterizes illegal immigration and birth tourism as components of an "ongoing invasion" of the United States. Supporters argue the legislation would address what they view as exploitation of the American immigration system. The measure directly targets the constitutional protections that have historically guaranteed citizenship to most individuals born on American soil.

Supreme Court Rejection

On January 20, Trump signed an executive order declaring that children born in the United States to foreign nationals would not automatically receive citizenship, regardless of legal status. The Supreme Court struck down this order on June 30 in a 6-3 decision, with Chief Justice John Roberts writing that the Constitution's Citizenship Clause of the 14th Amendment protects children born to parents who are unlawfully or temporarily in the country. The ruling preserved the traditional understanding that citizenship extends to those born on American soil.

Banks' legislation effectively asks Congress to override the Supreme Court's interpretation through statutory law, claiming that Congress possesses constitutional authority over naturalization matters. The bill also asserts what Banks describes as a "longstanding exception to birthright citizenship for children born to foreign invaders."

Constitutional Questions Ahead

The proposal is expected to reignite debate over the 14th Amendment's Citizenship Clause and the extent to which Congress can restrict rights the amendment appears to guarantee. Legal scholars and constitutional experts have indicated that such legislation could face immediate constitutional challenges, given the Supreme Court's recent ruling and the direct language of the amendment itself.