Citizenship Act of 2026

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.3.Congressional declarations(a)InvadersCongress 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 contractsCongress 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 presentSubsection (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.4.Children of invaders not entitled to birthright citizenshipSection 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..5.Judicial reviewNo court is authorized to review a determination by the President or by Congress of the existence of an invasion.6.Rules of construction(a)JurisdictionNothing 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 forceNothing 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.).7.Effective dateThis 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 3.8.SeverabilityAny 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.