Supreme Court deals major blow to President Trump on immigration issue
With a 6-3 vote, President Trump’s citizenship order was rejected. Learn how the justices made their decision and why the 14th Amendment was key.
The battle over birthright citizenship is back in Congress.
Less than two weeks after the Supreme Court rejected President Donald Trump’s efforts to limit birthright citizenship, Sen. Jim Banks (R-Ind.) introduced a bill that would deny automatic citizenship to some children born in the United States. The proposal aims to restore one of President Trump’s most controversial immigration policies through federal law.
According to a July 13 news release from Banks’ office, the Citizenship Act of 2026 would classify individuals who enter the United States without authorization or for “birth tourism” as part of an ongoing invasion and seek to limit birthright citizenship for their children.
“The Supreme Court’s birthright citizenship decision is an unprecedented attack on American sovereignty, and we must do everything we can to save our country,” Banks said in a statement.
The Indiana Republican said the bill would amend federal law to say that children born to illegal immigrants or people who entered the country for birth tourism would not automatically be granted U.S. citizenship.
What will the Citizenship Act of 2026 do?
Banks’ proposal would essentially make into law key parts of President Trump’s Birthright Citizenship Executive Order, which the Supreme Court blocked on June 30th.
Supporters of the bill argue that illegal immigration and so-called “birth tourism” amount to an ongoing invasion of the United States. Under the proposal, some children born in the United States would not be automatically eligible for citizenship.
The measure is likely to reignite a long-standing debate over the 14th Amendment’s citizenship clause, which has traditionally guaranteed citizenship to most people born on U.S. soil.
Why is birthright citizenship back in the spotlight?
The bill comes weeks after the Supreme Court struck down President Trump’s executive order that sought to limit birthright citizenship.
On his first day in office, January 20, 2025, President Trump signed an executive order ending automatic citizenship for children born in the United States to foreign parents, regardless of whether they are legally present in the country.
In a 6-3 decision handed down on June 30, the Supreme Court reversed that order, holding that children born to parents who are illegally or temporarily in the United States are protected by the Citizenship Clause of the Fourteenth Amendment.
Chief Justice John Roberts, writing for the majority, said the Constitution’s guarantee of civil rights extends to these children.
“Citizenship, then and now, was the right to have rights and to participate freely in our political community,” Roberts wrote. “The framers of the Fourteenth Amendment extended that promise to “all persons born free in this land.” We keep that promise today. ”
What’s next?
The bill faces a difficult path in Congress, but its introduction shows that some Republican lawmakers continue to push for restrictions on birthright citizenship despite the Supreme Court’s ruling.
Meanwhile, President Trump said he would seek a reconsideration of the incident.
After the verdict, President Trump posted on Truth Social: “I will immediately ask the U.S. Supreme Court to review the case.” “If they don’t change their totally insane decisions, this miscarriage of justice will destroy America.”
“Citizenship, then and now, was the right to have rights and to participate freely in our political community,” Roberts wrote. “The framers of the Fourteenth Amendment extended that promise to “all persons born free in this land.” We keep that promise today. ”
Following the decision, President Trump said he would request a retrial of the case.
“I will immediately ask the U.S. Supreme Court to review this case,” President Trump said on Truth Social. “If they don’t change their totally insane decisions, this miscarriage of justice will destroy America.”
Contributor: Maureen Groppe, USA TODAY
Fernando Cervantes Jr. is a trending news reporter for USA TODAY. Contact us at fernando.cervantes@usatodayco.com and follow us at X @fern_cerv_.
