Indiana senator introduces Citizenship Act of 2026 to codify Trump birthright citizenship order

Indiana Republican Senator Jim Banks introduced the Citizenship Act of 2026 on Monday, a bill that would enshrine President Donald Trump’s Day 1 executive order into law. The order, issued at the start of Trump’s first term, redefined “birthright citizenship” by stating that anyone who enters the United States without authorization or for the purpose of birth tourism—traveling to give birth in order to secure U.S. citizenship for the child—does not qualify for citizenship under the 14th Amendment. Banks’ proposal would codify this definition, effectively limiting the scope of the amendment’s application to those who meet the new criteria.

The bill outlines that individuals who enter the country illegally or specifically to give birth in the United States would be classified as “non‑citizens for the purpose of citizenship.” It also proposes stricter enforcement measures, including enhanced background checks for pregnant travelers and a requirement that states report any such cases to federal authorities. The legislation is positioned as a response to concerns over the perceived exploitation of the birthright citizenship provision by foreign nationals, and it seeks to align federal policy with the executive order’s intent. Supporters argue it clarifies legal ambiguities and protects the integrity of the citizenship system, while critics warn it could undermine constitutional guarantees and create administrative burdens.

The Citizenship Act of 2026 is currently pending review in the Senate. If enacted, it would represent a significant shift in U.S. immigration policy, potentially prompting legal challenges and debates over the balance between executive authority and constitutional protections. The bill’s progress will be closely watched by immigration advocates, lawmakers, and legal scholars as it moves through the legislative process.