Sen. Jim Banks Introduces Legislation to Codify Trump Executive Order Limiting Birthright Citizenship

Indiana Republican Sen. Jim Banks introduced the Citizenship Act of 2026 on Monday, legislation aimed at ending automatic birthright citizenship for children of illegal immigrants and birth tourists. The bill seeks to codify President Donald Trump's 2025 executive order declaring illegal immigration an "invasion" and amending the Immigration and Nationality Act to exclude such children from citizenship.

Banks' measure draws from a concurring opinion by Supreme Court Justice Brett Kavanaugh in the recent Trump v. Barbara ruling. While the court upheld broad application of the 14th Amendment, Kavanaugh suggested Congress has authority to amend statutes creating exceptions. The bill defines unauthorized entrants and birth tourists as "invaders," stripping their U.S.-born children of automatic citizenship under federal law.

"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 told Fox News. He emphasized the need to prevent exploitation of the immigration system by millions who entered illegally.

The legislation aligns with Trump's long-standing push to reinterpret birthright citizenship, which he argues was never intended to grant automatic status to children of non-citizens present unlawfully. Trump has called for the Supreme Court to rehear the case, though such reviews are rare.

Banks' bill faces an uphill battle in the Senate amid narrow Republican margins and Democratic opposition. However, it reflects ongoing conservative efforts to address perceived loopholes in immigration policy and strengthen border security measures. Supporters view it as a necessary step to protect American citizenship's value and deter illegal immigration incentives.

The proposal comes as states and the DOJ continue cracking down on voter roll issues and non-citizen benefits. Banks argued the measure upholds constitutional principles while closing avenues for abuse, building on Trump's executive actions. As debates over immigration reform intensify ahead of midterms, the Citizenship Act positions Republicans to prioritize sovereignty and legal immigration standards.