This bill, titled the Citizenship Act of 2026, aims to redefine birthright citizenship by declaring certain individuals entering the United States as "invaders." It specifically targets those who are not lawfully admitted, are unlawfully present, or seek admission for the purpose of birth tourism. The bill also extends this "invader" designation to nationals of certain countries who engage in commercial surrogacy contracts to have a child born in the U.S. A central provision of the bill is the amendment of Section 301(a) of the Immigration and Nationality Act , which would exclude children born in the U.S. to these designated "invaders" from automatic citizenship. This exclusion applies if the mother was not lawfully admitted or was unlawfully present, or if the birth resulted from birth tourism or a commercial surrogacy contract by a "covered nation" national, provided the father is not a U.S. citizen or lawful permanent resident. The bill's findings assert that the Fourteenth Amendment's Citizenship Clause does not grant birthright citizenship to children of "invaders," referencing historical interpretations and recent court decisions. Furthermore, the legislation explicitly states that no court is authorized to review a determination by the President or Congress regarding the existence of an "invasion." It clarifies that the Act does not revoke U.S. jurisdiction over "invaders" for legal violations, nor does it authorize the use of military force. The provisions of this Act would apply to all children born after its enactment to a person designated as an "invader" at the time of birth.
This bill, titled the Citizenship Act of 2026, aims to redefine birthright citizenship by declaring certain individuals entering the United States as "invaders." It specifically targets those who are not lawfully admitted, are unlawfully present, or seek admission for the purpose of birth tourism. The bill also extends this "invader" designation to nationals of certain countries who engage in commercial surrogacy contracts to have a child born in the U.S. A central provision of the bill is the amendment of Section 301(a) of the Immigration and Nationality Act , which would exclude children born in the U.S. to these designated "invaders" from automatic citizenship. This exclusion applies if the mother was not lawfully admitted or was unlawfully present, or if the birth resulted from birth tourism or a commercial surrogacy contract by a "covered nation" national, provided the father is not a U.S. citizen or lawful permanent resident. The bill's findings assert that the Fourteenth Amendment's Citizenship Clause does not grant birthright citizenship to children of "invaders," referencing historical interpretations and recent court decisions. Furthermore, the legislation explicitly states that no court is authorized to review a determination by the President or Congress regarding the existence of an "invasion." It clarifies that the Act does not revoke U.S. jurisdiction over "invaders" for legal violations, nor does it authorize the use of military force. The provisions of this Act would apply to all children born after its enactment to a person designated as an "invader" at the time of birth.