Sponsors (5)
The bill prioritizes faster, broader federal authority to deter and respond to mass unlawful migration and narrow birthright claims—aiming for stronger border enforcement and clearer rules for officials—while imposing major risks of statelessness, family separation, concentrated executive power with limited judicial review, civil‑rights harms, and added administrative and fiscal burdens for states and service providers.
Border communities, federal and state officials get a clear statutory pathway to declare mass unlawful migration an 'invasion' and trigger expedited federal measures to secure the border and remove unauthorized entrants.
People applying for visas or status may face new, clearer criteria that allow consular officers and the Attorney General to deny visas or adjustments when they reasonably believe applicants seek to give birth in the U.S., which could deter birth tourism and simplify citizenship adjudication for officials.
DHS and DOJ gain broader authority to identify and remove noncitizens who entered or remain unlawfully, potentially reducing unauthorized stays and improving enforcement consistency.
Children born in the U.S. to parents falling within the Act's listed situations could be denied automatic citizenship, risking statelessness or long-term legal limbo that would limit access to education, jobs, benefits, and normal civic life.
The bill removes or sharply limits judicial review of an 'invasion' finding, concentrating power in the President and Congress and increasing the risk of unchecked emergency actions, executive overreach, and expanded expenditures without court checks.
Expanded definitions and expedited removal authorities increase the risk of deportation for long-term residents and family members, causing separation, hardship, and destabilization for families and communities.
Based on analysis of 8 sections of legislative text.
Statutorily denies U.S. birthright citizenship to children born to defined categories of noncitizen parents labeled as "invaders."
Official title: 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 13, 2026 by James E. Banks · Last progress July 13, 2026
Removes automatic U.S. citizenship for children born in the United States to certain noncitizen parents by amending the statutory definition of persons “subject to the jurisdiction” in immigration law. It creates a new statutory category of noncitizens labeled “invaders” (including those unlawfully present, certain visa applicants believed to seek birth in the U.S., and participants in commercial surrogacy from specified nations), denies birthright citizenship to children born to those persons, and bars courts from reviewing determinations that an "invasion" exists. The bill applies prospectively to children born after enactment and preserves ordinary criminal and civil jurisdiction over the named noncitizen groups while also stating it does not authorize the use of military force under the War Powers Resolution. It also directs courts to construe provisions to give them maximum legal effect and to sever any invalid provisions rather than invalidate the whole Act.