President Donald Trump’s war against birthright citizenship may not be completely hopeless, thanks to a recent Supreme Court ruling.
At the end of June, SCOTUS affirmed that children born in the United States are still citizens of the country, regardless of the citizenship status of the parents. Trump has long claimed that the 14th Amendment encourages birth tourism and illegal immigration, and has sought to end it during his second and final term.
But while the Supreme Court may have shot down his direct attempt at ending birthright citizenship, Sen. Jim Banks, R-Indiana, believes he may have found a loophole. He will “introduce legislation Monday aimed at ending birthright citizenship for children of illegal immigrants and birth tourists by defining them as children of ‘invaders’ under federal law after a Supreme Court ruling last month dealt a setback to President Donald Trump’s executive order on the issue,” according to a Fox News report.
Speaking to Fox News Digital, the lawmaker revealed that the planned “to introduce the Citizenship Act as soon as the Senate opens for business Monday afternoon – crafting it with a nod to Trump-appointed Justice Brett Kavanaugh’s concurrence in last month’s Trump v. Barbara case.”
The conservative justice concurred with the ruling affirming birthright citizenship, but suggested that Congress could take action on its own to create exceptions.
“The Citizenship Act would declare that children of statutory ‘invaders’ are not entitled to birthright citizenship under the law and codify a 2025 executive order that cites the term,” Fox News reported. “In its summary, Banks’ bill declares ‘any person who enters the United States without authorization or for the purpose of engaging in birth tourism is considered an invader…’ and amends the Immigration and Nationality Act to exclude children of such ‘invaders.'”
X users weighed in:
Illegals. = invaders
Visa holders = diplomatsPlay their game of semantics until the amendment is ratified.
— wende McConaughy (@bm84ems) July 13, 2026
I don’t think ACB is going to change her vote
— Krys (@Char_Krys) July 13, 2026
Does not the Sec State have power to modify Visa requirements? If so why not make anyone requesting entry to US sign a contract that acknowledges said Visa can be revoked at any time for any reason and further waiving all and any legal challenges in any Court…
— Sherman (@Sherman1971111) July 13, 2026
Any likelihood of getting through Congress?
— Maggie Mae (@mrp035) July 13, 2026
That’s a good move, but that probably won’t cover people who come here legally on short term visas, or who overstay their visas.
— Bruce Phillips (@Gw33pR) July 13, 2026
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Sierra Marlee is a millennial whose hunger for the truth in a world of fake news has led her to write. Marlee also contributes to BizPac Review.
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