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.
The Citizenship Act of 2026 would eliminate birthright citizenship for children born to certain categories of people the bill designates as "invaders." Specifically, it would deny automatic U.S. citizenship to children born to mothers who entered the country illegally or overstayed their visa, as well as to children born through commercial surrogacy arrangements involving nationals from countries designated as covered nations by the Department of Defense, provided the father is not a U.S. citizen or lawful permanent resident. The bill defines "invaders" to include anyone unlawfully present in the United States and people entering specifically to give birth, known as birth tourism. The legislation would apply only to children born after the bill becomes law and includes a provision that prevents courts from reviewing whether an invasion actually exists, leaving that determination solely to the President or Congress. This bill represents a significant challenge to the longstanding practice of birthright citizenship established by the Fourteenth Amendment and the Supreme Court's 1898 Wong Kim Ark decision.
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