Congress strips birthright citizenship from U.S.-born children of undocumented immigrants

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 'birth tourism' provision (Section 3(3)) allows the Attorney General to unilaterally designate any pregnant woman seeking entry as an 'invader' based on subjective intent, with no due process or appeal mechanism.
• The bill's findings cite a hypothetical Chinese surrogacy scheme (finding 13) as justification, but the operative text applies to ALL unauthorized mothers regardless of nationality, suggesting the 'invasion' framing is a rhetorical wrapper for a broader citizenship revocation.
• By declaring the invasion determination 'nonjusticiable' (Section 5), the bill attempts to insulate the policy from constitutional challenge, including potential 14th Amendment and due-process claims.

Section numbers refer to the bill text the analysis read — linked under Primary records below.

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. While framed as a security measure, it creates a permanent underclass of stateless or foreign-national children and concentrates unchecked authority in political branches.

Named in the bill

U.S. Congress, President Trump, Attorney General, Department of Homeland Security, Immigration and Naturalization Service, 14th Amendment, Immigration and Nationality Act, Federal courts, State governors

Where it stands

5 cosponsors: 5 Republicans.

• Jul 22, 2026 — Introduced · Congress.gov: “Introduced in House”
• Jul 22, 2026 — Referred to House Committee on the Judiciary · Congress.gov: “Referred to the House Committee on the Judiciary”

Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.