Senator Jim Banks will introduce the Citizenship Act on Monday, aimed at ending birthright citizenship for children of illegal immigrants and birth tourists by defining them as children of ‘invaders’ under federal law.
Background
This move comes after a Supreme Court ruling last month dealt a setback to President Donald Trump’s executive order on the issue. 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.
The bill argues that birthright citizenship has become intertwined with broader questions of national sovereignty and foreign influence, citing examples such as Mexican nationals viewing migration as a means of re-conquering territory and Chinese birth tourism being encouraged by the CCP.
Constitutional Argument
Senator Banks makes a textual Constitutional argument in his bill, writing that Article IV requires the feds to ‘protect each [state] against invasion’ while Congress’ Article I power includes ‘establish[ing] a uniform rule of naturalization.’ He also cited President James Madison’s 1788 analysis that the Constitution vested Congress—not the states—with authority over naturalization through a uniform national rule.
Original reporting: Fox News (HLL/CB) — read the source article.
