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Core Policy Mechanism Top 5
Designate unauthorized entrants and birth travelers as invaders
Creates a new legal category of 'invader' under immigration law, covering people who entered the U.S. without authorization, people who came specifically to give birth here, and certain foreign nationals using commercial surrogacy. This designation is the basis for denying their children citizenship. Amends federal immigration law to deny automatic citizenship to children born in the U.S. when their mother was unlawfully present, entered for birth tourism, or was a surrogacy-contract invader — and the father was not a U.S. citizen or permanent resident.
- Population Scope Medium Covers unauthorized immigrants, birth-tourism travelers, and foreign surrogacy participants — a population in the low tens of millions, roughly 10–20% of U.S. residents when including affected families and their U.S.-born children.
- Budgetary Magnitude Low No funds are authorized, appropriated, or obligated by this provision.
- Legal / Regulatory Depth High Creates a new statutory category with binding legal consequences — stripping birthright citizenship from an entire class of U.S.-born children — a new substantive prohibition with broad legal effect across the regulated population.
- Degree of Discretion Granted Medium Invader designation for birth-tourism travelers turns on the opinion of a consular officer or the Attorney General, granting meaningful case-by-case discretion within a defined statutory category.
- Implementation & Enforcement Burden Medium Requires ongoing case-by-case adjudication of invader status at the point of birth registration and visa adjudication, creating a recurring administrative determination burden across consular and immigration agencies.
- Temporal Commitment High Persists indefinitely until Congress acts to repeal or amend it.
No signal yet
Implementation & Enforcement Top 5
Bar courts from reviewing invasion determinations
Removes federal courts' ability to review whether the President or Congress has correctly determined that an invasion exists. This makes invasion determinations — which trigger the bill's citizenship restrictions — final and unreviewable by the judiciary.
- Population Scope Medium Directly forecloses judicial relief for all individuals subject to the Act's citizenship rules, a population in the tens of millions, while also structurally affecting the federal judiciary's role nationwide.
- Budgetary Magnitude Low Same as above.
- Legal / Regulatory Depth High Strips an entire branch of government of jurisdiction over a category of constitutional determinations — a fundamental restructuring of the separation-of-powers check on executive and legislative fact-finding.
- Degree of Discretion Granted Low Grants no discretion — the bar is absolute and self-executing, leaving courts no authority to decide whether to apply it.
- Implementation & Enforcement Burden Low Imposes no new enforcement infrastructure; courts simply lack jurisdiction to act, requiring no affirmative compliance mechanism.
- Temporal Commitment High Persists indefinitely until Congress acts to restore judicial review.
No signal yet
Core Policy Mechanism Top 5
Congressional invasion declaration and findings
Congress formally declares that unauthorized immigration constitutes an invasion under the Constitution and that the Fourteenth Amendment's citizenship guarantee does not extend to children of invaders. These findings provide the legal foundation for the bill's other restrictions.
- Population Scope Medium Establishes the legal predicate that governs the citizenship status of all unauthorized immigrants and their U.S.-born children — a population of low tens of millions directly affected by the interpretive consequence.
- Budgetary Magnitude Low Same as above.
- Legal / Regulatory Depth High Codifies a constitutional reinterpretation of the Fourteenth Amendment's Citizenship Clause as a binding legislative predicate, creating a new statutory basis for denying birthright citizenship to a broad class of persons.
- Degree of Discretion Granted Low Findings are declaratory and conclusory, leaving no discretion to implementing actors on the core invasion and citizenship determinations.
- Implementation & Enforcement Burden Low Creates no independent enforcement mechanism; the operative burden falls on the designation and citizenship-exclusion provisions rather than the findings themselves.
- Temporal Commitment High Persists indefinitely as a statutory predicate until Congress acts to repeal or revise the findings.
No signal yet
Core Policy Mechanism Top 5
Effective date tied to invader status at birth
Limits the Act's citizenship restrictions to children born after the law is enacted, but only if their parent held invader status at the time of birth. This defines exactly which children are subject to the new rules going forward.
- Population Scope Medium Limits the Act's reach to children born after enactment to then-designated invaders, carving a prospective but ongoing subset of the broader affected population as each new birth cohort is assessed.
- Budgetary Magnitude Low Same as above.
- Legal / Regulatory Depth Medium Sets a joint temporal-and-status condition that shapes the operative scope of the substantive citizenship exclusions — a procedural boundary on application rather than a new substantive prohibition in its own right.
- Degree of Discretion Granted Low The dual condition (post-enactment birth plus invader status at birth) is mechanically determinative, leaving no discretion in its application.
- Implementation & Enforcement Burden Low Adds no independent enforcement obligation; the burden of determining invader status at birth flows from the designation provisions, not this temporal condition.
- Temporal Commitment High Defines the Act's prospective scope with no fixed end date, binding future actors indefinitely until Congress acts to change it.
No signal yet
Core Policy Mechanism Top 5
Preservation of jurisdiction and no military-force authorization
Clarifies that the Act does not remove existing federal or state criminal and civil authority over invaders, and does not authorize military force under the War Powers Resolution. These limits constrain how the Act's other provisions may be applied.
- Population Scope Medium Affects all federal and state law enforcement actors and all persons designated as invaders under the Act — a broad institutional and individual population — by confirming existing jurisdictional authority applies to them.
- Budgetary Magnitude Low Same as above.
- Legal / Regulatory Depth Medium Constrains interpretive reach of the Act by explicitly preserving existing jurisdictional authority and foreclosing a War Powers Resolution reading — a procedural boundary on statutory construction rather than a new substantive mandate.
- Degree of Discretion Granted Low Both rules of construction are categorical and non-discretionary, confirming what existing law already provides without granting new authority.
- Implementation & Enforcement Burden Low Creates no new enforcement obligations; affirms that existing criminal and civil enforcement machinery continues to apply.
- Temporal Commitment High Persists indefinitely as a statutory constraint on interpretation until Congress acts to amend or repeal it.
No signal yet
No possible riders have been surfaced for this bill.
Summary
The Citizenship Act of 2026 changes who gets automatic U.S. citizenship at birth. Under current law, almost anyone born on U.S. soil is automatically a citizen. This bill would change that by declaring that children born to certain groups — people who entered the country illegally, people who came to the U.S. specifically to give birth, and foreign nationals who use commercial surrogacy contracts to have a child born here — are not entitled to birthright citizenship. The bill also bars federal courts from reviewing the government's decision that illegal immigration counts as an "invasion," which is the legal foundation for the citizenship restrictions. Among other elements, the bill * declares that unauthorized immigration constitutes an "invasion" under the Constitution, placing this finding beyond court review; * designates unauthorized entrants, birth-tourism travelers, and certain foreign surrogacy participants as "invaders" under immigration law; * amends the Immigration and Nationality Act (INA) to deny automatic birthright citizenship to children born to those designated invaders; and * strips federal courts of the power to review presidential or congressional invasion determinations.
AI-generated summary, pending human review.
| Version | Event | Date | User support | Your vote | Roll calls |
|---|---|---|---|---|---|
| Original |
Initial publication
Jul 13, 2026
|
Jul 13, 2026 | No votes yet | — | — |
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Core Policy Mechanism Top 5
Designate unauthorized entrants and birth travelers as invaders
Creates a new legal category of 'invader' under immigration law, covering people who entered the U.S. without authorization, people who came specifically to give birth here, and certain foreign nationals using commercial surrogacy. This designation is the basis for denying their children citizenship. Amends federal immigration law to deny automatic citizenship to children born in the U.S. when their mother was unlawfully present, entered for birth tourism, or was a surrogacy-contract invader — and the father was not a U.S. citizen or permanent resident.
- Population Scope Medium Covers unauthorized immigrants, birth-tourism travelers, and foreign surrogacy participants — a population in the low tens of millions, roughly 10–20% of U.S. residents when including affected families and their U.S.-born children.
- Budgetary Magnitude Low No funds are authorized, appropriated, or obligated by this provision.
- Legal / Regulatory Depth High Creates a new statutory category with binding legal consequences — stripping birthright citizenship from an entire class of U.S.-born children — a new substantive prohibition with broad legal effect across the regulated population.
- Degree of Discretion Granted Medium Invader designation for birth-tourism travelers turns on the opinion of a consular officer or the Attorney General, granting meaningful case-by-case discretion within a defined statutory category.
- Implementation & Enforcement Burden Medium Requires ongoing case-by-case adjudication of invader status at the point of birth registration and visa adjudication, creating a recurring administrative determination burden across consular and immigration agencies.
- Temporal Commitment High Persists indefinitely until Congress acts to repeal or amend it.
No signal yet
Core Policy Mechanism
Designate unauthorized entrants and birth travelers as invaders
Implementation & Enforcement Top 5
Bar courts from reviewing invasion determinations
Removes federal courts' ability to review whether the President or Congress has correctly determined that an invasion exists. This makes invasion determinations — which trigger the bill's citizenship restrictions — final and unreviewable by the judiciary.
- Population Scope Medium Directly forecloses judicial relief for all individuals subject to the Act's citizenship rules, a population in the tens of millions, while also structurally affecting the federal judiciary's role nationwide.
- Budgetary Magnitude Low Same as above.
- Legal / Regulatory Depth High Strips an entire branch of government of jurisdiction over a category of constitutional determinations — a fundamental restructuring of the separation-of-powers check on executive and legislative fact-finding.
- Degree of Discretion Granted Low Grants no discretion — the bar is absolute and self-executing, leaving courts no authority to decide whether to apply it.
- Implementation & Enforcement Burden Low Imposes no new enforcement infrastructure; courts simply lack jurisdiction to act, requiring no affirmative compliance mechanism.
- Temporal Commitment High Persists indefinitely until Congress acts to restore judicial review.
No signal yet
Implementation & Enforcement
Bar courts from reviewing invasion determinations
Core Policy Mechanism Top 5
Congressional invasion declaration and findings
Congress formally declares that unauthorized immigration constitutes an invasion under the Constitution and that the Fourteenth Amendment's citizenship guarantee does not extend to children of invaders. These findings provide the legal foundation for the bill's other restrictions.
- Population Scope Medium Establishes the legal predicate that governs the citizenship status of all unauthorized immigrants and their U.S.-born children — a population of low tens of millions directly affected by the interpretive consequence.
- Budgetary Magnitude Low Same as above.
- Legal / Regulatory Depth High Codifies a constitutional reinterpretation of the Fourteenth Amendment's Citizenship Clause as a binding legislative predicate, creating a new statutory basis for denying birthright citizenship to a broad class of persons.
- Degree of Discretion Granted Low Findings are declaratory and conclusory, leaving no discretion to implementing actors on the core invasion and citizenship determinations.
- Implementation & Enforcement Burden Low Creates no independent enforcement mechanism; the operative burden falls on the designation and citizenship-exclusion provisions rather than the findings themselves.
- Temporal Commitment High Persists indefinitely as a statutory predicate until Congress acts to repeal or revise the findings.
No signal yet
Core Policy Mechanism
Congressional invasion declaration and findings
Core Policy Mechanism Top 5
Effective date tied to invader status at birth
Limits the Act's citizenship restrictions to children born after the law is enacted, but only if their parent held invader status at the time of birth. This defines exactly which children are subject to the new rules going forward.
- Population Scope Medium Limits the Act's reach to children born after enactment to then-designated invaders, carving a prospective but ongoing subset of the broader affected population as each new birth cohort is assessed.
- Budgetary Magnitude Low Same as above.
- Legal / Regulatory Depth Medium Sets a joint temporal-and-status condition that shapes the operative scope of the substantive citizenship exclusions — a procedural boundary on application rather than a new substantive prohibition in its own right.
- Degree of Discretion Granted Low The dual condition (post-enactment birth plus invader status at birth) is mechanically determinative, leaving no discretion in its application.
- Implementation & Enforcement Burden Low Adds no independent enforcement obligation; the burden of determining invader status at birth flows from the designation provisions, not this temporal condition.
- Temporal Commitment High Defines the Act's prospective scope with no fixed end date, binding future actors indefinitely until Congress acts to change it.
No signal yet
Core Policy Mechanism
Effective date tied to invader status at birth
Core Policy Mechanism Top 5
Preservation of jurisdiction and no military-force authorization
Clarifies that the Act does not remove existing federal or state criminal and civil authority over invaders, and does not authorize military force under the War Powers Resolution. These limits constrain how the Act's other provisions may be applied.
- Population Scope Medium Affects all federal and state law enforcement actors and all persons designated as invaders under the Act — a broad institutional and individual population — by confirming existing jurisdictional authority applies to them.
- Budgetary Magnitude Low Same as above.
- Legal / Regulatory Depth Medium Constrains interpretive reach of the Act by explicitly preserving existing jurisdictional authority and foreclosing a War Powers Resolution reading — a procedural boundary on statutory construction rather than a new substantive mandate.
- Degree of Discretion Granted Low Both rules of construction are categorical and non-discretionary, confirming what existing law already provides without granting new authority.
- Implementation & Enforcement Burden Low Creates no new enforcement obligations; affirms that existing criminal and civil enforcement machinery continues to apply.
- Temporal Commitment High Persists indefinitely as a statutory constraint on interpretation until Congress acts to amend or repeal it.
No signal yet
Core Policy Mechanism
Preservation of jurisdiction and no military-force authorization
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