Citizenship Act of 2026
Sponsored By: Senator Banks, Jim [R-IN]
Introduced
Summary
Ends automatic birthright citizenship for children of parents labeled "invaders." The bill would define several categories of "invaders" and exclude their U.S.-born children from citizenship when the parents are not U.S. citizens or lawful permanent residents.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 2 costs, 0 mixed.
Limits U.S. birthright for some children
If enacted, the bill would define certain noncitizens as "invaders" and remove birthright citizenship for some children born in the United States. The categories include people never lawfully admitted, those unlawfully present under INA §212(a)(9)(B)(ii), people found to seek admission or adjustment of status to give birth, and some commercial surrogacy cases involving nationals of a covered nation. A child born after enactment would be excluded from citizenship if, for example, the mother was not lawfully admitted or was unlawfully present and the father was not a U.S. citizen or lawful permanent resident at the time of birth. The rule would apply only to children born after the date of enactment to parents designated as invaders at the time of birth, and the "not lawfully admitted" and "unlawfully present" definitions apply regardless of when the parent entered the United States.
Blocks court review of invasion determinations
If enacted, the bill would bar any court from reviewing a determination by the President or by Congress that an "invasion" exists. That would prevent people and groups from suing to challenge such a determination. This restriction would take effect upon enactment.
Bars using the Act to start war
If enacted, the bill would say that nothing in the Act may be used to authorize the use of military force under the War Powers Resolution. That would prevent the Act from being relied on as legal authority to start military action. This rule would take effect upon enactment.
Keeps criminal and civil jurisdiction over invaders
If enacted, the bill would clarify that nothing in it revokes federal or state criminal or civil jurisdiction over persons designated as invaders. Federal and state governments would still be able to charge or prosecute those people under existing law. This clarification would take effect upon enactment.
Sponsors & CoSponsors
Sponsor
Banks, Jim [R-IN]
IN • R
Cosponsors
Sen. Tuberville, Tommy [R-AL]
AL • R
Sponsored 7/15/2026
Sen. Blackburn, Marsha [R-TN]
TN • R
Sponsored 7/15/2026
Sen. Sheehy, Tim [R-MT]
MT • R
Sponsored 7/22/2026
Sen. Lee, Mike [R-UT]
UT • R
Sponsored 7/27/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov