Jim Banks

U.S. Sen. Jim Banks has introduced a bill to end birthright citizenship, just two weeks after the Supreme Court upheld the concept by rejecting an executive order from President Donald Trump.

The bill from one of Indiana's U.S. senators, titled "the Citizenship Act of 2026," "finds that illegal immigration and birth tourism constitute an ongoing invasion," according to a statement. Under his bill, only children born in the U.S. to mothers with legal immigration status would be considered citizens. There are also limits on children born to fathers without legal immigration status and cases involving surrogacy.

“The Supreme Court’s birthright citizenship decision was an unprecedented assault on American sovereignty, and we must do whatever it takes to save our country," Banks said in the statement.

The bill relies on codifying an executive order rather than amending the Constitution. According to the bill, the Constitution includes a duty to protect states from invasions and gives Congress the power to "establish a uniform Rule of Naturalization." Part of the bill's understanding of "invasion" and threat comes from its claim that some see immigration as a way of "reconquering territory."

The bill also argues immigration increases housing prices, lowers wages, harms public safety and decreases job openings. However, economic and criminology research has contested some of these claims. For example, the crime rate for native-born individuals is higher than for immigrants, studies show. Another recent study found unauthorized immigration didn't impact wages but did raise housing prices through increased demand.

In interviews with the IndyStar after the Supreme Court decision, Hoosiers said they were still worried about future attacks on birthright citizenship and why the case was debated to begin with.

In its 6-3 ruling last month, the Supreme Court ruled that changes to citizenship could only be made with a constitutional amendment, not an executive order. However, Banks and other members of Congress are attempting to codify Trump's order without constitutional amendments. A similar law introduced by Rep. John McGuire III (R-Va.) would end birthright citizenship, including in cases of a mother with lawful temporary presence and a father without citizenship.

Banks declined an interview request through a spokesperson.

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Lucy Tobier is the politics reporting intern for the Indianapolis Star. She can be reached at [email protected] or on X at @TobierLucy