by WorldTribune Staff / 247 Real News July 13, 2026

Indiana Republican Sen. Jim Banks said on Monday he plans to introduce legislation that would end birthright citizenship for children of illegal aliens and birth tourists by defining them as children of “invaders” under federal law.

Banks told Fox News Digital he crafted the Citizenship Act legislation with a nod to Trump-appointed Justice Brett Kavanaugh’s concurrence in last month’s Trump v. Barbara case in which the Supreme Court shot down President Donald Trump’s executive order ending birthright citizenship for illegals.

“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 told Fox News Digital.

“I’m leading the Citizenship Act to reverse the effects of this consequential ruling and ensure the millions of illegal aliens that invaded our country can’t continue to exploit our immigration system.”

Kavanaugh, concurring in the judgment and dissenting in part, said Trump’s order conflicted with federal birthright citizenship law but suggested Congress could amend that statute to create new exceptions.

The Citizenship Act would declare that children of statutory “invaders” are not entitled to birthright citizenship under the law and codify a 2025 executive order that cites the term.

In its summary, Banks’s bill declares “any person who enters the United States without authorization or for the purpose of engaging in birth tourism is considered an invader…” and amends the Immigration and Nationality Act to exclude children of such “invaders.”

Banks’s key use of “invaders” cites Trump’s executive order declaring illegal immigration across the southern border an “invasion.” while the bill notes the Barbara decision leaves that avenue open for Congress to crack down on.

The senator also pointed to Chinese birth tourism being encouraged directly by the Chinese Communist Party – which brings the birthright citizenship debate over what defines an invasion by a hostile government full circle.

Banks’s bill uses such examples to demonstrate that birthright citizenship has become intertwined with broader questions of national sovereignty and foreign influence.

The Citizenship Act does not touch the constitutional amendment process or attempt to overturn any court ruling, Banks said. Instead, it will codify Trump’s declaration of “invasion” and amend federal law to revoke birthright citizenship from children of illegal immigrants under exceptions listed in the same case the Barbara ruling’s majority used as its precedent.

Kavanaugh found that Trump’s order didn’t violate the 14th Amendment but did conflict with a federal statute on birthright citizenship passed in the spirit of the amendment conservatives said was intended mainly for freed slaves and their children

Trump recently urged Senate Republicans to move faster on his legislative agenda, including ending birthright citizenship, telling them they were “not fighting hard enough,” Bank recalled in a June 30 interview with Human Events.

Freedom Rocks! Until It Is Gone

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