Sen. Jim Banks, R-Ind., told Newsmax on Wednesday that Congress should act quickly to codify President Donald Trump's effort to end birthright citizenship for children born to illegal aliens, arguing his newly introduced legislation follows the roadmap outlined by the Supreme Court.
Appearing on "Finnerty," Banks defended the Citizenship Act of 2026, which he introduced Monday after the Supreme Court's ruling last week in Trump v. Barbara.
The bill would declare people who enter the U.S. illegally or for the purpose of birth tourism to be "invaders" and amend the Immigration and Nationality Act to exclude their children from birthright citizenship.
Asked how he could overcome the Senate's 60-vote threshold, Banks said Republicans should seek to attach the measure to other legislation.
"Well, we have to fight to get this attached to another bill," Banks said.
He argued Democrats would have difficulty defending opposition to the proposal.
"I think, you know, at the end of the day, it's absurd to think that even any Democrat would believe that the babies of foreign invaders would be eligible for birthright citizenship," Banks said.
"How could any Democrat defend that to even their voters on the left? I can't imagine that if we brought my bill to a vote that any Democrat would want to vote against it."
Banks blamed the Biden administration for allowing "over 15 million illegals" into the country and contended that those individuals should be considered "invaders" under the Constitution.
He also maintained that his legislation would withstand constitutional scrutiny.
"My bill would meet constitutional muster. It's a must-pass bill," Banks said.
"President Trump was right. This decision by the Supreme Court is a terrible decision," he said.
Banks pointed to a path outlined by Justice Brett Kavanaugh in a separate opinion in the court’s 5-4 ruling.
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.
"Justice Kavanaugh, in his concurrent opinion, gave us the keys to unlock and define who is eligible for birthright citizenship," Banks said.
"Congress must pass a bill to determine that. That's what Kavanaugh said in his concurrent opinion. So that's what my bill does," he said.
The legislation would apply prospectively to children born after enactment and would exclude from birthright citizenship children born to mothers who were unlawfully present in the U.S. or entered for birth tourism if the father was neither a U.S. citizen nor a lawful permanent resident.
"It is unfair. It is not right that babies of illegals would ever be eligible for birthright citizenship," Banks said. "We have to put a stop to it."
Banks' bill follows similar legislation introduced last week by Rep. John McGuire, R-Va.
McGuire's Birthright Citizenship Clarification Act of 2026 also seeks to deny automatic citizenship to children born to illegal aliens and certain temporary visa holders, citing Kavanaugh's separate opinion.
Banks' measure goes further by declaring illegal aliens and those entering the country for birth tourism to be "invaders" and excluding their children from birthright citizenship.
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