Citizenship Act of 2026

Key Points

• The bill would strip automatic US citizenship from children born after enactment to mothers who are undocumented, unlawfully present, or found to be visiting the US to give birth, unless the father is a citizen or green card holder.
• The bill labels unauthorized immigrants, suspected birth tourists, and certain foreign surrogacy arrangements as 'invaders' under immigration law, a designation used to justify excluding their children from birthright citizenship.
• Nationals of certain foreign countries who use paid surrogacy contracts to have a child born in the US would also be designated invaders, and their children would not receive automatic citizenship.
• The bill bars courts from reviewing whether an invasion exists, removing judicial oversight of the declaration that underlies the entire citizenship change.
• The change would only apply going forward, to children born after the law takes effect, and would not strip citizenship from anyone who already has it.