Congress strips birthright citizenship from U.S.-born children of undocumented immigrants
H.R. 9854 — Citizenship Act of 2026 · Filed by Brandon Gill (R-TX) · 5 cosponsors · Introduced Jul 22, 2026 · Referred to committee
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What it does
This bill declares that unauthorized immigrants and people entering for 'birth tourism' are 'invaders' and strips birthright citizenship from their U.S.-born children, amending the 14th Amendment's citizenship guarantee. It bars courts from reviewing whether an 'invasion' actually exists, giving the President and Congress sole power to make that determination without judicial oversight.
Why we flagged it
The bill's operative mechanism is not immigration enforcement but the removal of a 14th Amendment right from a defined class of children, paired with an immunity clause that bars all judicial review of the 'invasion' determination. This is a constitutional amendment by statute, not a routine immigration policy.
What the text implies
- The bill eliminates judicial review of the 'invasion' determination (Section 5), making the President's declaration of invasion unreviewable by courts—a direct assault on separation of powers and the judiciary's role as a check on executive authority.
- Children born to unauthorized immigrants would be stateless or forced to claim foreign nationality, creating a permanent underclass of non-citizens born on U.S. soil—a reversal of 150+ years of constitutional law and a potential human-rights violation.
The full analysis lists 5 implications of this text.
Who it affects
The bill strips a constitutional right (birthright citizenship) from a class of children born on U.S. soil based on their parents' immigration status, and eliminates judicial review of the 'invasion' determination, removing a fundamental check on executive and legislative power.