Senator Jim Banks of Indiana plans to introduce legislation Monday that would end birthright citizenship for children of illegal immigrants, using a Supreme Court decision’s own legal precedent to reverse its outcome.

The Citizenship Act Explained

Banks crafted the Citizenship Act following Justice Brett Kavanaugh’s concurrence in last month’s Trump v. Barbara case. While the Court ruled against President Trump’s executive order ending birthright citizenship, Kavanaugh suggested Congress could amend federal law to create new exceptions. The bill declares any person entering the United States without authorization or engaging in birth tourism qualifies as an invader under law, codifying Trump’s 2025 executive order that declared illegal immigration an invasion.

The legislation amends the Immigration and Nationality Act to exclude children of such invaders from birthright citizenship. Banks avoids constitutional amendment processes or challenging court rulings directly, instead working within existing legal frameworks identified by the Supreme Court itself.

Using Precedent Against Itself

Chief Justice John Roberts relied on the 1898 U.S. v. Wong Kim Ark case to guarantee citizenship for all children born in the United States. Banks’ bill uses that same precedent to secure exceptions. Justice Horace Gray’s Wong Kim Ark ruling listed specific exceptions including children of diplomats, enemies within, and those engaged in hostile occupation who are not bound to obey the sovereign government whose domains face invasion.

Justice Kavanaugh found Trump’s order conflicted with federal birthright citizenship law passed in the spirit of the 14th Amendment. Conservatives argue the amendment was intended mainly for freed slaves and their children, not illegal immigrants. In a separate 2025 case, Justice Sonia Sotomayor confirmed children born of alien enemies in hostile occupation do not qualify for birthright citizenship.

What This Means

Banks told Fox News Digital the Supreme Court’s birthright citizenship decision represented an unprecedented assault on American sovereignty. He emphasized the need to ensure millions of illegal aliens cannot continue exploiting the immigration system. Trump recently urged Senate Republicans to move faster on his legislative agenda, telling them they were not fighting hard enough on priorities including ending birthright citizenship. The bill faces an uncertain path but demonstrates renewed Republican efforts to address illegal immigration through legislative action rather than executive orders alone.