Sen. Jim Banks Introduces Bill to End Birthright Citizenship for Children of Illegal Aliens and Birth Tourists Using Kavanaugh Playbook — Defines Them as Children of “Invaders”

Senator Jim Banks (R-IN) is set to introduce the Citizenship Act Monday afternoon, legislation that would finally slam the door on birthright citizenship for children of illegal aliens and birth tourists by classifying their parents as “invaders” under federal law.

The proposal comes just weeks after the Supreme Court struck down President Trump’s executive order restricting birthright citizenship, ruling that children born in the United States to illegal immigrants and temporary visa holders remain U.S. citizens under the Fourteenth Amendment.

Chief Justice John Roberts authored the majority opinion, joined by Justice Amy Coney Barrett and the Court’s liberal bloc, while Justice Brett Kavanaugh concurred on statutory grounds.

Banks’ legislation seeks to respond directly to that ruling by codifying the argument that individuals who enter the United States illegally should be treated as “invaders” for purposes of federal citizenship law.

Supporters argue that the Fourteenth Amendment’s phrase “subject to the jurisdiction thereof” was never intended to grant automatic citizenship to children of those who entered the country unlawfully or solely to obtain U.S. citizenship for their newborns.

According to Fox News, Banks is using a clever legislative workaround inspired by Justice Brett Kavanaugh’s concurrence in the case. Kavanaugh noted that while Trump’s executive order conflicted with existing statute, Congress has the power to amend the law and create clear exceptions, exactly what this bill does.

The legislation would amend the Immigration and Nationality Act to state that any person who enters the United States without authorization or for the purpose of engaging in birth tourism is considered an “invader.” Their U.S.-born children would therefore not receive automatic citizenship.

👀That was fast. @SenatorBanks read Justice Kavanaugh’s concurrence in the Birthright Citizenship case closely. The Supreme Court’s Wong Kim Ark said 3 categories of people don’t get citizenship. One is children of invaders. So he’s introducing a law labeling illegals invaders pic.twitter.com/zXUizLqG8K

— Eric W. (@EWess92) July 13, 2026

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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.

Without touching the constitutional amendment process or attempting to overturn any court ruling, the Citizenship Act will codify Trump’s declaration of “invasion” and amend federal law to revoke birthright citizenship from children of illegal immigrants under exceptions listed in the same case the Barbara ruling’s majority used as its precedent.

As The Gateway Pundit previously reported, House Speaker Mike Johnson vowed Republicans would not surrender after the Supreme Court’s ruling.

Johnson told Fox News Sunday that House Republicans were “looking at all angles” to eliminate what conservatives describe as the birth tourism racket and the abuse of birthright citizenship.

The Speaker argued that birth tourism “makes a mockery of our constitutional order, threatens our national security, and devalues citizenship,” adding that Republicans are evaluating both legislative solutions and the possibility of a constitutional amendment.

That report also noted that the Trump administration has continued pursuing criminal prosecutions involving birth tourism schemes, including allegations of visa fraud, identity theft, money laundering, and wire fraud, even after the Supreme Court ruling.

Jim Hᴏft is the founder and editor of The Gateway Pundit, one of the top conservative news outlets in America. Jim was awarded the Reed Irvine Accuracy in Media Award in 2013 and is the proud recipient of the Breitbart Award for Excellence in Online Journalism from the Americans for Prosperity Foundation in May 2016.

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