The fight over birthright citizenship is back in Congress.

Less than two weeks after the Supreme Court struck down President Donald Trump's effort to restrict birthright citizenship, Sen. Jim Banks, R-Ind., introduced legislation that would deny automatic citizenship to some children born in the United States. The proposal seeks to revive one of Trump's most contentious immigration policies through federal law.

The Citizenship Act of 2026 would classify individuals who enter the United States without authorization or for "birth tourism" as part of an ongoing invasion and would seek to limit birthright citizenship for their children, according to a July 13 news release from Banks' office.

"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 a statement.

The Indiana Republican said the legislation would amend federal law to state that children born to people who entered the country unlawfully or for birth tourism would not automatically receive U.S. citizenship.

Banks' proposal would essentially put into law key parts of Trump's birthright citizenship executive order, which the Supreme Court blocked on June 30.

Supporters of the bill argue that illegal immigration and so-called "birth tourism" amount to an ongoing invasion of the United States. Under the proposal, some children born in the United States would no longer automatically receive citizenship.

The measure is likely to reignite a long-running debate over the 14th Amendment's Citizenship Clause, which has traditionally guaranteed citizenship to most people born on American soil.

The legislation comes weeks after the Supreme Court rejected Trump's executive order that sought to restrict birthright citizenship.

On his first day back in office on Jan. 20, 2025, Trump signed an executive order ending automatic citizenship for children born in the United States to parents who were foreign nationals, regardless of whether they were in the country legally.