Republicans are poised for a push to pass legislation that would accomplish the same objectives as President Donald Trump’s executive order limiting birthright citizenship.
This comes after the Supreme Court struck down the order.
From Fox News:
Sen. Jim Banks will introduce legislation Monday aimed at ending birthright citizenship for children of illegal immigrants and birth tourists by defining them as children of "invaders" under federal law after a Supreme Court ruling last month dealt a setback to President Donald Trump’s executive order on the issue.
Trump recently urged Senate Republicans to move faster on his legislative agenda, including ending birthright citizenship, telling them they were "not fighting hard enough," Banks, R-Ind., recalled in a June 30 interview with Human Events.
Banks told Fox News Digital he plans to introduce the Citizenship Act as soon as the Senate opens for business Monday afternoon – crafting it with a nod to Trump-appointed Justice Brett Kavanaugh’s concurrence in last month's Trump v. Barbara case.
Kavanaugh, concurring in the judgment and dissenting in part, said Trump’s order conflicted with federal birthright citizenship law but suggested Congress could amend that statute to create new exceptions.
The Citizenship Act would declare that children of statutory "invaders" are not entitled to birthright citizenship under the law and codify a 2025 executive order that cites the term.
In its summary, Banks' bill declares "any person who enters the United States without authorization or for the purpose of engaging in birth tourism is considered an invader..." and amends the Immigration and Nationality Act to exclude children of such "invaders."
Banks' key use of "invaders" cites Trump’s executive order declaring illegal immigration across the southern border an "invasion," while the bill notes the Barbara decision leaves that avenue open for Congress to crack down on.
.@TND: “Banks introduced legislation that would deny birthright citizenship to children of illegal aliens and birth tourists by classifying those who enter the country illegally as invaders under federal law.”
— Senator Jim Banks (@SenatorBanks) July 14, 2026
“The bill would also put @POTUS’s 2025 Executive Order declaring the… pic.twitter.com/WaRdlfoiuh
President Trump signed the executive order on his first day back in office during his second term. Civil rights groups, state attorneys general, and immigrant advocates immediately filed a bevy of lawsuits against the administration arguing that the order violates the 14th Amendment’s Citizenship Clause.
They cited the 1898 Supreme Court precedent in United States v. Wong Kim Ark and existing federal immigration law. Federal district courts quickly issued preliminary injunctions blocking enforcement of the order.
Banks’ bill will have a hard time making it to Trump’s desk. Republicans may be able to pass the measure in the House. But it’s the Senate where it’ll meet its greatest challenges coming from GOP senators who have already expressed opposition to the idea.
Sen. John Cornyn (R-TX) has repeatedly argued that Congress cannot pass legislation ending birthright citizenship and that such a move would require a constitutional amendment. Sen. Mike Lee (R-UT) made a similar argument shortly after the Supreme Court struck down Trump’s executive order.
Other Republicans have remained silent on the issue. It might be difficult to get moderates on board with the idea. However, if the bill makes it to a floor vote, it would force lawmakers to make their stance on birthright citizenship known publicly.