President Trump’s executive order on birthright citizenship to be codified as federal law

Sen. Jim Banks (R-Ind.) introduced legislation Monday that would place President Donald Trump’s executive order on birthright citizenship into federal law. The proposal, known as the Citizenship Act of 2026, follows the Supreme Court’s decision striking down Trump’s executive order and would require congressional action to change current law.

According to Banks’s office, the bill would classify individuals who enter the United States illegally or for the purpose of birth tourism as “invaders.” It would also amend federal law to state that children born to illegal immigrants or individuals who travel to the U.S. for birth tourism would not automatically receive U.S. citizenship.

Banks argued that the legislation is necessary to address what he views as weaknesses in the nation’s immigration system. In a statement announcing the bill, he said the measure is intended to reverse the effects of the Supreme Court’s decision and prevent illegal immigration from being used to obtain automatic citizenship for children born in the United States.

The Indiana senator told Fox News that his proposal was influenced by Justice Brett Kavanaugh’s concurring opinion, which noted that Trump’s executive order conflicted with a federal birthright citizenship law enacted by Congress in 1940. Kavanaugh joined the Supreme Court’s 6-3 majority in ruling that the executive order was unconstitutional and that any change to birthright citizenship would require a constitutional amendment rather than executive action.

Following the ruling, Trump called on Congress to pursue changes to birthright citizenship through legislation and later said he would seek a rehearing before the Supreme Court. In a Truth Social post, Trump criticized the decision and argued that it should be reconsidered.

Banks is the second Republican lawmaker to introduce legislation seeking to codify Trump’s executive order. Last week, Rep. John McGuire III (R-Va.) introduced the Birthright Citizenship Clarification Act, which would also seek to limit automatic citizenship for certain children born in the United States. Rep. Brian Babin (R-Texas) previously introduced separate legislation that would require at least one parent to be a U.S. citizen, a lawful permanent resident, or a legal immigrant who served in the U.S. military for a child born in the country to automatically receive citizenship.

Birthright citizenship has remained a major issue in the national immigration debate since Trump returned to the White House and signed the executive order as one of his first actions in office. Congress is now expected to debate whether changes to existing citizenship laws should move forward through the legislative process.