Republican Texas Rep. Brandon Gill is unveiling legislation to limit birthright citizenship for children of illegal aliens during a declared “invasion,” according to documents obtained by the Daily Caller.
Gill’s bill, titled the “Citizenship Act,” would clarify that the children of illegal aliens who entered our country as part of an invasion are not entitled to birthright citizenship under the 14th Amendment.
“The Constitution was never intended to reward unlawful entry by automatically granting citizenship to the children of those who invaded our country,” Gill told the Daily Caller. “If we are serious about recognizing that our nation has been invaded, then our laws should reflect that reality. We should not extend one of the greatest privileges our nation can bestow—American citizenship—to the children of those who entered our country unlawfully as part of that invasion. I’m proud to introduce the Citizenship Act in the House to remedy our code of law.”
The Citizenship Act appeals to an exception the Supreme Court defined in 1898 when the majority held in United States v. Wong Kim Ark that “children of aliens within territory in hostile occupation” are not in allegiance to the country “whose domains are invaded.”
And although illegal immigrants are not the uniformed army of a foreign nation there is precedent for designating them as invaders.
President Donald Trump described illegal immigration as a “disastrous invasion” in his second inaugural address. In November 2022, Republican Texas Gov. Greg Abbott invoked Article 1 Section 10 of the Constitution, which says states may not “engage in War, unless actually invaded,” to justify deploying National Guard troops to the southern border.
The Texas freshman’s bill would classify individuals who enter the United States illegally or for the purpose of birth tourism as “invaders” and amend the Immigration and Nationality Act to exclude their children from birthright citizenship. The legislation also notes that the Constitution requires the federal government to “protect each [State] against invasion” while granting Congress the authority to “establish a uniform Rule of Naturalization.”
Gill’s Citizenship Act serves as the House companion to Republican Sen. Jim Banks’ bill, which he introduced on July 13.