Rep. John McGuire, R-Va., introduced legislation Thursday to codify President Donald Trump's birthright citizenship executive order, which the Supreme Court ruled unconstitutional last month.

The Birthright Citizenship Clarification Act of 2026 would amend the Immigration and Nationality Act to deny automatic U.S. citizenship to children born in the United States whose mothers are lawfully but temporarily present or are in the country illegally, unless the child's father is a U.S. citizen, U.S. national, or lawful permanent resident.

The bill preserves established exceptions for children of foreign diplomats, enemy occupiers, and those born on foreign public ships.

"American citizenship is a privilege, and an honor that must be protected," McGuire said in a news release. "For too long, foreign nationals have exploited the process of birthright citizenship through loopholes like birth tourism, devaluing what it means to be an American.

"My Birthright Citizenship Clarification Act of 2026 safeguards the privilege of being a citizen of our great nation. Republicans are committed to securing our borders and ensuring the people coming to our great country value and follow the ideals that make America so special."

McGuire said the legislation follows the path outlined by Justice Brett Kavanaugh in a separate opinion in the court’s 5-4 ruling in Trump v. Barbara. Kavanaugh concluded that Trump's executive order conflicted with federal citizenship law and wrote that Congress would have to amend the Immigration and Nationality Act or enact new legislation before such restrictions could take effect.

But the Supreme Court's majority went further, holding that the 14th Amendment guarantees citizenship to children born in the United States whose parents are temporarily or unlawfully present in the country. The majority concluded that such children "are subject to the jurisdiction" of the United States and therefore are citizens at birth.

The differing opinions mean the legislation, if enacted, would almost certainly face immediate constitutional challenges over whether Congress can accomplish through legislation what the court said the Constitution prohibits.

The lawmaker worked with the Institute for Legislative Analysis, a limited-government think tank in Washington, to craft the bill in the wake of the Supreme Court ruling.

"This bill was carefully crafted to follow the instructions provided by Justice Kavanaugh while still implementing every goal President Trump sought in his executive order," Ryan McGowan, CEO of the Institute for Legislative Analysis, said in a news release. "Calls to fix this crisis through a constitutional amendment do not acknowledge political reality. This bill represents the most feasible path for conservatives to actually stop birth tourism and restore the proper meaning of American citizenship."

Fred McGrath, president of the institute, said in the release that Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch, in their dissent, "made clear President Trump's executive order was consistent with the Citizenship Clause and the Supreme Court's 1898 decision in United States v. Wong Kim Ark."

"Justice Kavanaugh has made clear that Congress holds the authority to resolve the statutory conflict," McGrath said. "By moving through Congress, the Birthright Citizenship Clarification Act directly addresses that concern. If this legislation faces another court challenge, we are confident it would meet the constitutional standard recognized by the Court's conservative justices."