GOP senator revives Trump's birthright citizenship fight
GOP senator revives Trump's birthright citizenship fight
Fernando Cervantes Jr., USA TODAYTue, July 14, 2026 at 11:57 PM UTC
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The fight over birthright citizenship is back in Congress.
Less than two weeks after the Supreme Court struck down President Donald Trump’s effort to restrict birthright citizenship, Sen. Jim Banks, R-Ind., introduced legislation that would deny automatic citizenship to some children born in the United States. The proposal seeks to revive one of Trump's most contentious immigration policies through federal law.
The Citizenship Act of 2026 would classify individuals who enter the United States without authorization or for "birth tourism" as part of an ongoing invasion and would seek to limit birthright citizenship for their children, according to a July 13 news release from Banks' office.
"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 in a statement.
The Indiana Republican said the legislation would amend federal law to state that children born to people who entered the country unlawfully or for birth tourism would not automatically receive U.S. citizenship.
What would the Citizenship Act of 2026 do?
Banks' proposal would essentially put into law key parts of Trump's birthright citizenship executive order, which the Supreme Court blocked on June 30.
Supporters of the bill argue that illegal immigration and so-called "birth tourism" amount to an ongoing invasion of the United States. Under the proposal, some children born in the United States would no longer automatically receive citizenship.
The measure is likely to reignite a long-running debate over the 14th Amendment's Citizenship Clause, which has traditionally guaranteed citizenship to most people born on American soil.
Why is birthright citizenship back in the spotlight?
The legislation comes weeks after the Supreme Court rejected Trump's executive order that sought to restrict birthright citizenship.
On his first day back in office on Jan. 20, 2025, Trump signed an executive order ending automatic citizenship for children born in the United States to parents who were foreign nationals, regardless of whether they were in the country legally.
In a 6-3 decision issued June 30, the Supreme Court struck down the order, ruling that children born to parents who are unlawfully or temporarily in the United States are protected by the Citizenship Clause of the 14th Amendment.
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Writing for the majority, Chief Justice John Roberts said the Constitution's guarantee of citizenship extends to those children.
"Citizenship, then and now, was the right to have rights − to freely participate in our political community," Roberts wrote. "The Framers of the Fourteenth Amendment extended that promise to 'every free-born person in this land.' We keep that promise today."
Trump's second term: President Trump to ask Supreme Court to reconsider birthright citizenship case
What's next?
The measure faces a difficult path in Congress, but its introduction signals that some Republicans are continuing to push for restrictions on birthright citizenship despite the Supreme Court's ruling.
Trump, meanwhile, has said he will seek another review of the case.
"I will be asking for a Rehearing by the United States Supreme Court, IMMEDIATELY," Trump wrote on Truth Social after the decision. "This miscarriage of justice will destroy America if they don’t change their absolutely insane decision."
"Citizenship, then and now, was the right to have rights − to freely participate in our political community," Roberts wrote. "The Framers of the Fourteenth Amendment extended that promise to 'every free-born person in this land.' We keep that promise today."
Following the decision, Trump said he would ask for a rehearing of the case.
"I will be asking for a Rehearing by the United States Supreme Court, IMMEDIATELY," Trump said on Truth Social. "This miscarriage of justice will destroy America if they don’t change their absolutely insane decision."
Contributing: Maureen Groppe, USA TODAY
Fernando Cervantes Jr. is a trending news reporter for USA TODAY. Reach him at fernando.cervantes@usatodayco.com and follow him on X @fern_cerv_.
This article originally appeared on USA TODAY: Birthright citizenship fight returns with new senate bill
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