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Sen. Jim Banks Introduces Bill to Restrict Birthright Citizenship for Children of Unauthorized Immigrants

  • Senator Jim Banks is introducing the Citizenship Act to the Senate to end birthright citizenship for children of unauthorized immigrants and birth tourists by classifying their parents as 'invaders' under federal law following a recent Supreme Court ruling.
  • The bill amends the Immigration and Nationality Act to exclude children of 'invaders' from automatic citizenship, codifying President Donald Trump's 2025 executive order and drawing on Justice Brett Kavanaugh's concurrence suggesting Congress may amend birthright citizenship statutes.
  • The legislation utilizes the 1898 U.S. v. Wong Kim Ark case, which includes exceptions for diplomats, enemies, and hostile occupiers, to restrict birthright citizenship without changing the Constitution or overturning the Supreme Court ruling.
  • Banks' bill aims to alter federal law to address illegal immigration as an 'invasion' and may trigger a legal challenge regarding Congress's authority over birthright citizenship.
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RedState broke the news in Washington, United States on Monday, July 13, 2026.
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