Sponsors (6)
The bill gives the political branches clearer authority and faster tools to block birthright claims and to respond to mass unlawful border crossings, but does so at the cost of large civil‑liberties impacts, increased litigation and administrative burdens, higher enforcement costs, and weakened judicial oversight for affected migrants and families.
State governments and federal authorities: a congressional 'invasion' finding lets the federal government back states and enables faster executive and legislative responses to large unlawful border crossings.
Parents, families, and immigration agencies: people who enter or remain unlawfully (including those using commercial surrogacy or birth tourism) will no longer automatically pass U.S. citizenship to U.S.-born children, and DHS/USCIS get clearer statutory authority to deny such birthright claims.
Immigration enforcement agencies: creates a clearer statutory category to identify and remove noncitizens who entered or remained unlawfully, potentially streamlining removal and admission/adjustment decisions.
Immigrants and U.S.-born children: millions could lose or face uncertainty about U.S. citizenship if birthright citizenship is revoked for births tied to unlawful entry, creating risks of statelessness and loss of fundamental rights.
Taxpayers, state and federal agencies: the statute will likely generate heavy litigation and large administrative burdens as agencies and courts determine who qualifies as an 'invader' and apply exclusions, raising costs and workload across governments.
Asylum-seekers and other noncitizens: labeling people not lawfully admitted or unlawfully present as 'invaders' increases their risk of detention, removal, loss of immigration relief, and fuels xenophobic rhetoric and diplomatic strain with neighboring countries.
Based on analysis of 8 sections of legislative text.
Removes automatic U.S. citizenship at birth for children whose parent is statutorily designated an "invader," defines who counts as an "invader," and bars judicial review of "invasion" determinations.
Official title: 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.
Introduced July 22, 2026 by Brandon Gill · Last progress July 22, 2026
Removes automatic U.S. citizenship for certain children born in the United States when their parent is defined as an "invader" under new immigration categories, and bars courts from reviewing presidential or congressional determinations that an "invasion" exists. The bill defines who counts as an "invader" (including unlawfully present noncitizens, people seeking entry to give birth, and certain commercial-surrogacy cases involving nationals of designated countries), applies the rule to births after enactment (with retroactive effect to births after the date of enactment), and adds severability and construction rules while preserving criminal/civil jurisdiction and prohibiting use of the Act as authorization for military force.