The "Citizenship Act of 2026" aims to redefine certain individuals entering the United States as "invaders" and significantly alter birthright citizenship. It declares that any person not lawfully admitted, unlawfully present, or seeking admission for the purpose of giving birth in the U.S. (known as birth tourism) is considered an invader . Additionally, nationals from specific "covered nations" who engage in commercial surrogacy contracts for births in the U.S. are also designated as invaders. A central provision of the bill is the amendment of Section 301(a) of the Immigration and Nationality Act. This amendment would exclude children born in the United States from automatic citizenship if their mother was designated an invader at the time of birth, and their father was not a U.S. citizen or lawful permanent resident. This includes children whose mothers were unlawfully present, engaged in birth tourism, or participated in commercial surrogacy from covered nations. The bill asserts that the determination of an "invasion" by the President or Congress is a non-justiciable question, explicitly prohibiting judicial review of such declarations. It also clarifies that the Act does not revoke criminal or civil jurisdiction over "invaders" but does not authorize the use of military force under the War Powers Resolution. The provisions of this Act would apply to all children born after its enactment to a person designated as an invader.