Senator Jim Banks (R-IN) is set to introduce the Citizenship Act Monday afternoon, legislation that would finally slam the door on birthright citizenship for children of illegal aliens and birth tourists by classifying their parents as “invaders” under federal law.
The proposal comes just weeks after the Supreme Court struck down President Trump’s executive order restricting birthright citizenship, ruling that children born in the United States to illegal immigrants and temporary visa holders remain U.S. citizens under the Fourteenth Amendment.
Chief Justice John Roberts authored the majority opinion, joined by Justice Amy Coney Barrett and the Court’s liberal bloc, while Justice Brett Kavanaugh concurred on statutory grounds.
Banks’ legislation seeks to respond directly to that ruling by codifying the argument that individuals who enter the United States illegally should be treated as “invaders” for purposes of federal citizenship law.
Supporters argue that the Fourteenth Amendment’s phrase “subject to the jurisdiction thereof” was never intended to grant automatic citizenship to children of those who entered the country unlawfully or solely to obtain U.S. citizenship for their newborns.
According to Fox News, Banks is using a clever legislative workaround inspired by Justice Brett Kavanaugh’s concurrence in the case. Kavanaugh noted that while Trump’s executive order conflicted with existing statute, Congress has the power to amend the law and create clear exceptions, exactly what this bill does.
The legislation would amend the Immigration and Nationality Act to state that any person who enters the United States without authorization or for the purpose of engaging in birth tourism is considered an “invader.” Their U.S.-born children would therefore not receive automatic citizenship.
Hellbound and Down 