The Supreme Court dealt a setback to President Trump at the end of June when they ruled that so-called “birthright citizenship” was enshrined by the 14th Amendment and that children born in the United States to parents who are unlawfully or temporarily present are citizens at birth under the 14th Amendment.
The Court, in Trump v. Barbara, rejected Trump’s executive order banning the practice 6-3, although only five justices held that the order violated the 14th Amendment. Justice Brett Kavanaugh supplied the sixth vote on narrower statutory grounds.
As we’ve written, the Department of Justice immediately launched a crackdown on birth tourism, where scammers sneak into the country or overstay their visas to make sure their babies are born here and win the prize of citizenship for their offspring.
Now, Sen. Jim Banks (R-IN) is taking a page from SCOTUS Justice Brett Kavanaugh’s playbook and introducing legislation that attempts to capitalize on Kavanaugh’s separate — and noncontrolling — view that Congress may create additional exceptions by statute:
Sen. Jim Banks will introduce legislation Monday aimed at ending birthright citizenship for children of illegal immigrants and birth tourists by defining them as children of "invaders" under federal law after a Supreme Court ruling last month dealt a setback to President Donald Trump’s executive order on the issue.
Trump recently urged Senate Republicans to move faster on his legislative agenda, including ending birthright citizenship, telling them they were "not fighting hard enough," Banks, R-Ind., recalled in a June 30 interview with Human Events.
Banks told Fox News Digital he plans to introduce the Citizenship Act as soon as the Senate opens for business Monday afternoon – crafting it with a nod to Trump-appointed Justice Brett Kavanaugh’s concurrence in last month's Trump v. Barbara case.
👀That was fast. @SenatorBanks read Justice Kavanaugh's concurrence in the Birthright Citizenship case closely. The Supreme Court's Wong Kim Ark said 3 categories of people don't get citizenship. One is children of invaders. So he's introducing a law labeling illegals invaders pic.twitter.com/zXUizLqG8K
— Eric W. (@EWess92) July 13, 2026
MORE: It's Not Over: DOJ Launches Major Crackdown After Supreme Court's Birthright Citizenship Ruling
Supreme Court Upholds Birthright Citizenship, Strikes Down Trump Executive Order in 5-4 Vote
Banks had previously previewed his move in a social media post by highlighting his priorities, including passing the SAVE America Act, which would require proof of citizenship to vote and photo ID to submit a ballot:
Last week's Supreme Court decision on birthright citizenship highlights the need for 4 important next steps:
— Senator Jim Banks (@SenatorBanks) July 11, 2026
1 – Deport every illegal alien out of America
2 – Maintain the Supreme Court majority
3 – Pass the SAVE America Act
4 – Pass a bill to ban birthright citizenship… pic.twitter.com/VlCZQs8Q2N
Kavanaugh, who voted with the majority to strike down Trump’s executive order on birthright citizenship but dissented on whether the order violated the Constitution/14th Amendment, offered Banks a possible statutory theory — though not one adopted by the Court. While Kavanaugh concluded that Congress could amend federal law to create additional exceptions to birthright citizenship, the five-justice majority held that the 14th Amendment itself guarantees citizenship to children born here to parents who are unlawfully or temporarily present. Banks’ bill would therefore tee up a fresh constitutional fight rather than neatly sidestep the Court’s ruling.
Kavanaugh, concurring in the judgment and dissenting in part, said Trump’s order conflicted with federal birthright citizenship law but suggested Congress could amend that statute to create new exceptions.
In its summary, Banks' bill declares "any person who enters the United States without authorization or for the purpose of engaging in birth tourism is considered an invader..." and amends the Immigration and Nationality Act to exclude children of such "invaders."
Banks' key use of "invaders" cites Trump’s executive order declaring illegal immigration across the southern border an "invasion," while the bill notes the Barbara decision leaves that avenue open for Congress to crack down on.
The law would codify Trump’s declaration of "invasion" and potentially block birthright citizenship being automatically handed out to children of illegal immigrants.
The Supreme Court’s decision was a blow to Trump’s agenda, but it was a battle, not the end of the war. Thanks to Kavanaugh, a solution to one of the Left’s endless efforts to make a mockery out of our immigration system could be in sight. Whether Banks has found a viable workaround or simply set up the next Supreme Court fight remains to be seen.
Editor’s Note: We voted for mass deportations, not mass amnesty. Help us continue to fight back against those trying to go against the will of the American people.
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