WASHINGTON (WOWO) — U.S. Sen. Jim Banks (R-Ind.) has introduced legislation that would end automatic birthright citizenship for children born in the United States to parents who are in the country illegally or who entered the U.S. for the purpose of giving birth.

The Citizenship Act of 2026 follows the U.S. Supreme Court’s recent decision in Trump v. Barbara, which rejected President Donald Trump’s executive order restricting birthright citizenship. President Trump has since called on Congress to pursue legislation addressing the issue.

According to Banks, the bill would amend federal law to state that children born to individuals who are in the United States illegally, as well as those participating in so-called “birth tourism,” would not automatically receive U.S. citizenship.

The legislation also states that Congress has constitutional authority to establish rules governing citizenship and naturalization and includes findings asserting that illegal immigration constitutes an invasion under the Constitution.

“The Supreme Court’s birthright citizenship decision was an unprecedented assault on American sovereignty,” Banks said in a statement. “I’m leading the Citizenship Act to reverse the effects of this consequential ruling and ensure the millions of illegal aliens that invaded our country can’t continue to exploit our immigration system.”

Among its provisions, the bill would:

• Amend federal law regarding eligibility for birthright citizenship.
• Address children born to people in the U.S. illegally and individuals who enter the country for birth tourism.
• Affirm Congress’ authority over naturalization policy.
• Codify portions of President Trump’s January 20, 2025 executive order declaring the United States is facing an invasion through illegal immigration.

Supporters of the legislation argue it would strengthen immigration enforcement and clarify federal citizenship law. Opponents are expected to argue that the proposal conflicts with the 14th Amendment’s Citizenship Clause, which has long been interpreted to grant citizenship to nearly everyone born on U.S. soil.

The bill has been introduced in the Senate and will now proceed through the legislative process, where it would need approval from both chambers of Congress before being sent to President Trump for his signature.