(WASHINGTON) - Indiana U.S. Sen. Jim Banks has introduced legislation that would end automatic birthright citizenship for children born in the United States to parents who are in the country unlawfully or temporarily.
Banks introduced the Citizenship Act of 2026 on Monday.
The bill would seek to codify President Donald Trump's Jan. 20, 2025, executive order, "Protecting the Meaning and Value of American Citizenship." That order challenged the longstanding interpretation of the Fourteenth Amendment's citizenship clause and was later the subject of court challenges.
Banks' legislation would amend federal law to state that children born to undocumented immigrants and so-called "birth tourists" are not automatically entitled to U.S. citizenship.
Banks also argues that Congress has constitutional authority over naturalization and that the legislation would codify what he describes as a longstanding exception to birthright citizenship for children born to foreign invaders.
"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. "I'm leading the Citizenship Act to reverse the effects of this consequential ruling and ensure the millions of illegal aliens that invaded our country can't continue to exploit our immigration system."
The proposal would have to pass Congress and be signed into law before taking effect.