Senator Jim Banks plans to introduce legislation Monday that exploits a Supreme Court ruling’s own precedent to terminate birthright citizenship for children of illegal immigrants, marking the most aggressive congressional response yet to the court’s recent decision blocking President Trump’s executive order on the issue.

The Kavanaugh Blueprint

Banks crafted the Citizenship Act following guidance from Justice Brett Kavanaugh’s concurrence in last month’s Trump v. Barbara case. While Kavanaugh ruled Trump’s order conflicted with federal birthright citizenship law, he explicitly suggested Congress could amend the statute to create new exceptions. The Indiana Republican seized on this roadmap, telling Fox News Digital the court’s decision represented an unprecedented assault on American sovereignty that demands legislative action.

The bill declares any person entering the United States without authorization or engaging in birth tourism qualifies as an invader under federal law. By codifying Trump’s 2025 executive order declaring illegal immigration across the southern border an invasion, the legislation amends the Immigration and Nationality Act to exclude children of such invaders from automatic citizenship. Banks deliberately avoids the constitutional amendment process, instead working within existing statutory frameworks.

Using Supreme Court Precedent Against Itself

Chief Justice John Roberts relied on the landmark 1898 United States v. Wong Kim Ark case to rule against Trump in Barbara, guaranteeing citizenship to all children born in the United States and subject to its jurisdiction. Banks intends to weaponize that same precedent. Justice Horace Gray’s original Wong Kim Ark ruling established specific exceptions including children of diplomats, enemies within, and those engaged in hostile occupation who are not bound to render obedience to American sovereignty.

By having Roberts reaffirm Wong Kim Ark’s precedent with its built-in exceptions, Banks argues his bill essentially turns the Supreme Court’s reasoning against itself. Obama-appointed Justice Sonia Sotomayor separately confirmed in the 2025 United States v. CASA case that children born of alien enemies in hostile occupation do not qualify for birthright citizenship, though she stopped short of classifying illegal immigrants as such invaders.

Trump’s Push For Legislative Speed

The legislation arrives as Trump recently urged Senate Republicans to accelerate work on his agenda, telling lawmakers they were not fighting hard enough, according to Banks’ June 30 interview with Human Events. The senator, who paid tribute to the late Senator Lindsey Graham as the most effective lawmaker of the Trump era, outlined plans to introduce the bill as soon as the Senate opens Monday afternoon. Banks declared Congress must do whatever it takes to reverse the effects of this consequential ruling and prevent millions of illegal aliens from exploiting the immigration system through birthright citizenship claims.