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119-hr-9854119th Congress

Citizenship Act of 2026

Sponsored By: Representative Gill, Brandon [R-TX-26]

Introduced

Summary

Excluding birthright citizenship for certain U.S.-born children is the bill's central change. It would create a statutory 'invader' category, set rules to deny citizenship for some births tied to unauthorized presence or birth tourism, and limit judicial review of invasion findings.

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  • Families and children: Would deny U.S. citizenship to children born in the United States to people designated as 'invaders' in three situations: unauthorized or unlawful presence where the other parent is not a U.S. citizen or lawful permanent resident, entry or adjustment sought for the purpose of giving birth, or births tied to certain commercial surrogacy contracts. It would apply to children born after enactment.
  • Noncitizen applicants and surrogacy participants: Would define 'invaders' to include people not lawfully admitted, those unlawfully present under statutory triggers, people entering to give birth as flagged by consular officers or the Attorney General, and certain foreign nationals involved in commercial surrogacy contracts with U.S. participants.
  • Courts and government powers: Would bar courts from reviewing presidential or congressional determinations that an invasion exists. It preserves federal and state jurisdiction over violations of law and states that the law does not authorize use of military force.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 2 costs, 0 mixed.

Limits on birthright citizenship

This bill would remove U.S. birthright citizenship in specific cases. It would apply only to children born after the date of enactment to parents labeled an "invader." The bill would define an "invader" to include people not lawfully admitted, people unlawfully present under INA 212(a)(9)(B)(ii), visa or admission applicants whom a consular officer or the Attorney General finds sought admission or adjustment to give birth, and certain foreign nationals who enter commercial surrogacy contracts to have a child birthed in the United States. The bill would deny citizenship where: the mother was not lawfully admitted or was unlawfully present and the father was not a U.S. citizen or lawful permanent resident; where the mother sought admission or adjustment for the purpose of giving birth and the father was not a U.S. citizen or lawful permanent resident; or where the birth resulted from a covered commercial surrogacy contract.

Federal and state enforcement stays intact

This bill would say it does not remove federal or state criminal or civil authority over people labeled "invaders." If enacted, federal and state agencies could still investigate and prosecute violations of law by those individuals.

No court review of invasion findings

This bill would bar courts from reviewing a President or Congress determination that an "invasion" exists. If enacted, people could not use judicial review under this Act to challenge such official invasion findings.

Bars military force and preserves law

This bill would say nothing in the Act allows the use of military force under the War Powers Resolution. It would also include a severability rule saying that if one part is found invalid, the rest should stay in effect when possible.

Sponsors & CoSponsors

Sponsor

Gill, Brandon [R-TX-26]

TX • R

Cosponsors

  • Rep. Boebert, Lauren [R-CO-4]

    CO • R

    Sponsored 7/22/2026

  • Rep. Carter, Earl L. "Buddy" [R-GA-1]

    GA • R

    Sponsored 7/22/2026

  • Rep. Weber, Randy K. Sr. [R-TX-14]

    TX • R

    Sponsored 7/22/2026

  • Rep. Miller, Mary E. [R-IL-15]

    IL • R

    Sponsored 7/22/2026

  • Rep. Hunt, Wesley [R-TX-38]

    TX • R

    Sponsored 7/22/2026

Roll Call Votes

No roll call votes available for this bill.

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