Rep. John McGuire introduced legislation that would narrow automatic citizenship for some children born in the United States, setting up likely constitutional challenges after the Supreme Court struck down President Donald Trump’s related executive order.
By yourNEWS Media Newsroom
Rep. John McGuire, R-Va., introduced a bill Thursday that would seek to limit birthright citizenship by changing federal immigration law after the Supreme Court ruled President Donald Trump’s executive order on the issue unconstitutional last month.
The Birthright Citizenship Clarification Act of 2026 would amend the Immigration and Nationality Act to deny automatic U.S. citizenship to certain children born in the United States.
Birthright Citizenship Clarification Act of 2026 by yourNEWS Media
Under the proposal, a child born in the U.S. would not automatically receive citizenship if the child’s mother is either unlawfully present in the country or lawfully present only on a temporary basis, unless the child’s father is a U.S. citizen, U.S. national or lawful permanent resident.
The legislation would preserve existing exceptions involving children of foreign diplomats, enemy occupiers and those born on foreign public ships.
McGuire said the bill is intended to protect the meaning of U.S. citizenship and address practices such as birth tourism.
“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.”
The legislation follows the Supreme Court’s 5-4 decision in Trump v. Barbara, which struck down Trump’s executive order seeking to restrict birthright citizenship.
McGuire said his bill follows the route described by Justice Brett Kavanaugh in a separate opinion. Kavanaugh wrote that Trump’s order conflicted with existing federal citizenship law and said Congress would need to amend the Immigration and Nationality Act or pass new legislation before such restrictions could take effect.
The Supreme Court majority went further, holding that the 14th Amendment guarantees citizenship to children born in the United States whose parents are temporarily or unlawfully present. The majority concluded that those children “are subject to the jurisdiction” of the United States and are therefore citizens at birth.
Because of that holding, the bill would likely face immediate constitutional challenges if enacted. Opponents would be expected to argue that Congress cannot impose by statute limits the court said are barred by the Constitution.
McGuire worked with the Institute for Legislative Analysis, a limited-government think tank based in Washington, to draft the legislation after 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 argued in dissent that Trump’s 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.”
The bill places the birthright citizenship fight back before Congress after the Supreme Court’s decision against Trump’s executive action. If passed, the measure would test whether statutory changes can survive where the executive order failed, particularly in light of the majority’s 14th Amendment ruling.
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