[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4954 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4954
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 13, 2026
Mr. Banks introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizenship Act of 2026''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Section 4 of article IV of the Constitution of the
United States imposes a constitutional duty on the United
States to ``protect each [State] against invasion''.
(2) Section 8 of article I of the Constitution of the
United States gives Congress the power to ``establish a uniform
Rule of Naturalization''.
(3) According to James Madison, the naturalization power
given to Congress under article I of the Constitution of the
United States was designed to protect States from being forced
to accept liberal immigration policies.
(4) Illegal immigration into the United States has become a
national security crisis.
(5) Under the Biden administration, millions of migrants
flooded our Nation's borders or were otherwise permitted to
enter the country, including known cartel members, violent
criminals, and terrorists.
(6) President Biden abused emergency temporary immigration
programs, such as parole and temporary protected status, to
allow millions of otherwise illegal aliens to remain in the
United States and receive public benefits.
(7) The Trump administration has worked hard to secure the
southern land border of the United States and is carrying out
the largest mass deportation effort in our Nation's history.
(8) Notwithstanding, such efforts, as many as 15,000,000
illegal aliens remain in the United States.
(9) Nearly 16 percent of the population of the United
States is foreign born and most of the recent increase in
foreign births can be attributed to illegal immigration.
(10) Illegal immigration has downstream consequences for
many aspects of American life, including increased housing
prices, depressed wages, threats to public safety, and fewer
jobs for United States citizens.
(11) Worldwide, mass migration has increasingly been used
by migrants' countries of origin to exert control over foreign
territory, which has been referred to by scholars as the global
``weaponization'' of migration.
(12) Some Mexicans view migration to the United States as a
method of reconquering territory acquired by the United States
during the nineteenth century. Mexican politicians sometimes
refer to certain United States cities as ``occupied
territories'' or ``migrant land''.
(13) An estimated 1,500,000 nationals of the People's
Republic of China have acquired United States citizenship by
being born in the United States by surrogates, a practice that
has been encouraged by the Chinese Communist Party.
(14) On January 20, 2025, President Donald Trump declared
that the mass unlawful movement of persons into the United
States constitutes an invasion. The governors of multiple
States have also declared a state of invasion at the southern
border.
(15) The United States, at various times, has treated
private, non-state actors, including pirates, slave traders,
and terrorists, as enemy combatants.
(16) While millions of illegal aliens remain in the United
States and birth tourism is allowed to be exploited by foreign
adversaries, this invasion remains ongoing.
(17) As confirmed by Federal courts and judges, including
California v. United States, 104 F.3d 1086, 1091 (9th Cir.
1997); Padavan v. United States, 82 F.3d 23, 28 (2d Cir. 1996);
Chiles v. United States, 69 F.3d 1094, 1097 (11th Cir. 1995),
and United States v. Abbott, 110 F.4th 700, 726-29 (5th Cir.
2024) (Ho, J., concurring in part), the determination of the
existence of an invasion is a nonjusticiable question committed
to the political branches and is not reviewable by the Federal
courts. Similar to other political questions, a determination
of invasion involves ``a lack of judicially discoverable and
manageable standards'' that courts can use to adjudicate such
determinations. Zivotofsky ex rel. Zivotofsky v. Clinton, 566
U.S. 189, 195 (2012).
(18) Children of foreign invaders who are born on United
States soil are not entitled to birthright citizenship under
the Fourteenth Amendment to the Constitution of the United
States.
(19) Birthright citizenship did not apply to children born
to invaders under the British common law, and the framers of
the Citizenship Clause of the Fourteenth Amendment understood
the clause to exclude the children of invaders.
(20) Although the United States Supreme Court broadened the
meaning of the Citizenship Clause in Trump v. Barbara, 609 U.S.
_ (2026), the court did not hold that children born to invaders
are entitled to birthright citizenship. The Supreme Court
reaffirmed United States v. Wong Kim Ark, 169 U.S. 649, 658
(1898), which held that ``children within territory in hostile
occupation'' are not entitled to birthright citizenship. 169
U.S. 649, 658 (1898).
(21) It is therefore consistent with the holding in Barbara
v. Trump for Congress to invoke its constitutional authority
by--
(A) codifying President Trump's declaration of an
invasion; and
(B) revoking birthright citizenship from children
who are born in the United States to a woman who is
unlawfully present or to a woman engaged in birth
tourism.
SEC. 3. CONGRESSIONAL DECLARATIONS.
(a) Invaders.--Congress declares that all of the following persons
are designated invaders while remaining in the United States for
purposes of section 301(a) of the Immigration and Nationality Act, as
amended by section 4:
(1) Any person who has not been lawfully admitted to the
United States (as defined in section 101(a)(13)(A) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(A))).
(2) Any person who is otherwise unlawfully present under
section 212(a)(9)(B)(ii) of such Act (8 U.S.C.
1182(a)(9)(B)(ii)).
(3) Any person seeking admission to the United States under
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
who, in the opinion of the consular officer at the time of
application for a visa, or in the opinion of the Attorney
General at the time of application for admission or adjustment
of status, is seeking admission or adjustment of status for the
purpose of giving birth to a child in the United States.
(b) Commercial Surrogacy Contracts.--Congress declares that any
person who is a national of a covered nation (as defined in section
4872(f)(2) of title 10, United States Code) and enters into a
commercial surrogacy contract with a person in the United States, or
with a surrogacy broker who arranges a commercial surrogacy contract
with a person in the United States, for the purpose of having a child
birthed in the United States shall be designated an invader for
purposes of section 301(a) of the Immigration and Nationality Act, as
amended by section 4.
(c) Rules of Construction.--
(1) Not lawfully admitted.--Subsection (a)(1) shall be
construed to include all persons who were never lawfully
admitted to the United States (as defined in section
101(a)(13)(A) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(13)(A))), regardless of when such persons entered the
United States.
(2) Not lawfully present.--Subsection (a)(2) shall be
construed to include all persons unlawfully present under
section 212(a)(9)(B)(ii) of such Act (8 U.S.C.
1182(a)(9)(B)(ii)), regardless of when such persons entered the
United States.
SEC. 4. CHILDREN OF INVADERS NOT ENTITLED TO BIRTHRIGHT CITIZENSHIP.
Section 301(a) of the Immigration and Nationality Act (8 U.S.C.
1401(a)) is amended to read as follows:
``(a) a person born in the United States, and subject to
the jurisdiction thereof, which shall not include any of the
following persons:
``(1) A person who was born to an invader (as
defined in paragraph (1) or (2) of section 3(a) of the
Citizenship Act of 2026) if such person's mother was
not lawfully admitted to the United States or was
otherwise unlawfully present in the United States and
such person's father was not a United States citizen or
a lawful permanent resident of the United States at the
time of such person's birth.
``(2) A person who was born to an invader (as
defined in section 3(a)(3) of the Citizenship Act of
2026) if such person's mother sought admission to the
United States or adjustment of status in the United
States for the purpose of giving birth to a child in
the United States and the father was not a United
States citizen or a lawful permanent resident of the
United States at the time of such person's birth.
``(3) A person born to an invader (as defined in
section 3(b) of the Citizenship Act of 2026) as the
result of a commercial surrogacy contract.''.
SEC. 5. JUDICIAL REVIEW.
No court is authorized to review a determination by the President
or by Congress of the existence of an invasion.
SEC. 6. RULES OF CONSTRUCTION.
(a) Jurisdiction.--Nothing in this Act may be construed to revoke
the criminal or civil jurisdiction of the United States, or of any
State, over invaders for violations of Federal or State law.
(b) Military Force.--Nothing in this Act may be construed to
authorize the use of military force under the War Powers Resolution (50
U.S.C. 1541 et seq.).
SEC. 7. EFFECTIVE DATE.
This Act shall apply to all children born after the date of the
enactment of this Act to a person who, at the time of such birth, was
designated as an invader pursuant to section 3.
SEC. 8. SEVERABILITY.
Any provision of this Act, including any amendment made by this
Act, which is held to be invalid or unenforceable by its terms, or as
applied to any person or circumstance, shall be construed so as to give
it the maximum effect permitted by law, unless such holding shall be
one of utter invalidity or unenforceability, in which event such
provision shall be deemed severable from this Act and shall not affect
the remainder of this Act, or the application of such provision to
other persons not similarly situated or to other, dissimilar
circumstances.
<all>