GOP lawmakers push new bills to chip away at birthright citizenship ruling

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Congressional Republicans are pursuing multiple legislative strategies to counter the Supreme Court’s recent ruling upholding birthright citizenship, with lawmakers introducing a wave of bills aimed at narrowing the decision’s reach or challenging its underlying legal reasoning.

In its June 30 ruling in Trump v. Barbara, five justices found that the 14th Amendment guarantees automatic citizenship to nearly all children born on U.S. soil, including those born to illegal immigrants or temporary visitors, according to the case summary. Chief Justice John G. Roberts Jr. wrote the majority opinion, joined by Justice Amy Coney Barrett and the court’s three Democratic appointees. Justice Brett M. Kavanaugh also ruled against President Trump’s policy but based his reasoning on a 1940 statute rather than constitutional grounds. Three Republican-appointed justices dissented.

Sen. Jim Banks, Indiana Republican, is sponsoring legislation that would designate illegal immigrants as “invaders” and apply an existing exception to birthright citizenship for children of invading armies. Banks described the ruling as “an unprecedented assault on American sovereignty.”

Sen. Eric Schmitt, Missouri Republican, has proposed rewriting the Immigration and Nationality Act to explicitly exclude children of illegal immigrants and temporary visitors from automatic citizenship, calling it a way to “restart our fight in the courts.”

Other measures target narrower issues: a group of GOP senators wants to bar and deport foreign nationals who enter the U.S. primarily to give birth for citizenship purposes, while Rep. Morgan Griffith, Virginia Republican, has introduced a bill stripping citizenship from future children born to noncitizens in U.S. territories, an area where Congress holds clearer constitutional authority.

House Speaker Mike Johnson told Fox News he supports advancing legislative fixes, though he acknowledged a constitutional amendment would take longer.

Congressional Democrats, including Rep. Emanuel Cleaver of Missouri, have warned that the fight is far from over, cautioning that constitutional rights are often eroded gradually.

Andrew “Art” Arthur, a former immigration judge, said narrower proposals — such as those targeting territories or birth tourism — stand on firmer legal ground than broader attempts to override the court’s core holding, which he said would likely conflict with the ruling’s reasoning.

Read more: Republicans flood Congress with bills to confront Supreme Court on birthright citizenship