Jim Banks introduces bill to end birthright citizenship by following Kavanaugh roadmap

Indiana Republican Sen. Jim Banks introduced legislation Monday that seeks to end birthright citizenship for children of illegal immigrants by labeling them as children of "invaders" under federal law.

The legislation was inspired by a roadmap suggested by Supreme Court Justice Brett Kavanaugh last month following a ruling that determined President Donald Trump's executive order limiting automatic citizenship for certain individuals born in the United States violated the 14th Amendment.

Kavanaugh wrote a separate concurring opinion that stated that although the president's order had conflicted with federal birthright citizenship law, Congress could amend the statute to create new exceptions, according to Fox News. 

Banks' legislation would codify Trump’s 2025 executive order declaring illegal migration across the southern border an "invasion," and change the Immigration and Nationality Act to exclude children of such "invaders." 

The senator's "Citizenship Act" legislation reads: "Any person who enters the United States without authorization or for the purpose of engaging in birth tourism is considered an invader."

Despite the Supreme Court's ruling, Trump has not given up hope that his attempt to end birthright citizenship could pass and he has called for the high court to have a rehearing on the issue. Rehearings are not unprecedented but extremely rare.

"The Supreme Court’s birthright citizenship decision was an unprecedented assault on American sovereignty, and we must do whatever it takes to save our country," Banks told Fox News. "I’m leading the Citizenship Act to reverse the effects of this consequential ruling and ensure the millions of illegal aliens that invaded our country can’t continue to exploit our immigration system."

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.