Sen. Banks uses Wong Kim Ark exceptions to deny birthright citizenship to birth tourists and children of illegal immigrants
By Catholics for Catholics
The birthright citizenship fight is not over.
According to a story by Fox News, Sen. Jim Banks will introduce legislation Monday with the goal of terminating birthright citizenship for children of illegal immigrants and birth tourists by classifying them as children of “invaders” under federal law, after a Supreme Court ruling last month dealt a stumbling block to President Donald Trump’s executive order on the issue.
Recently, Trump pressed Senate Republicans to act in a faster way on his legislative agenda, including ending birthright citizenship, telling them they were “not fighting hard enough,” Banks, R-Ind., recalled in a June 30 interview with Human Events.
Banks told Fox News Digital he intends to introduce the Citizenship Act as soon as the Senate opens for business Monday afternoon – crafting it with a nod to Trump-appointed Justice Brett Kavanaugh’s concurrence in last month’s Trump v. Barbara case.
Agreeing in the judgment and dissenting in part, Kavanaugh said Trump’s order conflicted with federal birthright citizenship law but suggested Congress could amend that statute to create new exceptions.
According to Fox News, the Citizenship Act would declare that children of statutory “invaders” are not entitled to birthright citizenship under the law and codify a 2025 executive order that cites the term.
Banks’ bill declares in the summary that “any person who enters the United States without authorization or for the purpose of engaging in birth tourism is considered an invader…” and amends the Immigration and Nationality Act to exclude children of such “invaders.”
Banks’ pivotal use of “invaders” cites Trump’s executive order declaring illegal immigration across the southern border an “invasion,” while the bill notes the Barbara decision leaves that avenue open for Congress to crack down on.
