A bill to declare that any person who enters the United States without authorization or for the purpose of engaging in birth tourism is considered an invader and to amend section 301(a) of the Immigration and Nationality Act to exclude the children of invaders from birthright citizenship.
About This Bill
Committee
Latest Action · July 13, 2026
Read twice and referred to the Committee on the Judiciary.
The Citizenship Act of 2026 would fundamentally alter birthright citizenship in the United States by designating certain categories of people as "invaders" and denying citizenship to their children born on U.S. soil. The bill classifies as invaders anyone who enters the country without legal authorization, anyone unlawfully present, anyone seeking admission specifically to give birth in the United States, and nationals of certain countries who enter surrogacy arrangements to have children born here. Under this legislation, children born after its enactment to these designated parents would not automatically receive U.S. citizenship, even if born within the country, marking a significant departure from the current understanding of the Fourteenth Amendment's birthright citizenship provision. The bill contains no direct appropriations but would affect immigration and citizenship policy nationwide, potentially impacting millions of undocumented immigrants and their U.S.-born children, as well as individuals engaging in international surrogacy arrangements. The legislation also bars federal courts from reviewing determinations of invasion made by the President or Congress, effectively placing such decisions beyond judicial oversight.
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