Banks’ Citizenship Act Would Codify Trump’s Birthright Citizenship EO

WASHINGTON, D.C. — Indiana Republican Sen. Jim Banks has introduced a bill that would codify President Trump’s Day 1 executive order on birthright citizenship.

The Citizenship Act of 2026 requires that any person who enters the United States without authorization or for the purpose of engaging in birth tourism is considered an invader. The senator’s bill is in response to the Supreme Court‘s decision last month to strike down the president’s executive order.

While on “The Hammer and Nigel Show” Wednesday, Sen. Banks said it’s “wrong” and “unfair” that children of illegal immigrants receive citizenship.

“My bill would stop illegals from having their babies become American citizens,” said Banks. “They have no business being granted citizenship.”

Sen. Banks said his bill was inspired by Justice Brett Kavanaugh’s concurring opinion, saying Trump’s order conflicted with federal birthright citizenship law passed by Congress in 1940. Kavanaugh joined the 6-3 majority upholding birthright citizenship and ruling Trump’s order unconstitutional, but noted that a change could only be ratified by a constitutional amendment.

Angry and disappointed by the birthright citizenship decision from the Supreme Court, Banks said a door had been opened to bring his bill forward. According to the senator, Congress is the one who can clarify illegal immigrants as “invaders in our country,” meaning their kids are not eligible for birthright citizenship.

“The President and Congress get to declare what an invasion into our country is,” Banks explained. “The Supreme Court doesn’t determine that. We do.”

On top of the 15 million illegal immigrants who came into the country under the Biden administration and have had babies, Banks said the country has a problem with “birth tourists.”

“These people are paying surrogates to have their baby in America so they can become anchor babies and be granted birthright citizenship, but that was never the intent of the Fourteenth Amendment,” said Banks.

Banks credited President Trump for being the one to “totally change the tune” of how Republicans view amnesty and illegal immigration.

“The mass deportation efforts and the efforts of our ICE officers are so important to get illegals out of this country who shouldn’t be here, they don’t belong, and their kids don’t deserve birthright citizenship,” Banks added.