WASHINGTON, D.C., July 9, 2026 — Today Rep. John McGuire, R-Va., introduced the Birthright Citizenship Clarification Act, legislation to codify the core policy of President Donald Trump’s executive order ending the abuse of birthright citizenship.
The bill follows President Trump’s call to act on the statutory path identified by Justice Brett Kavanaugh in the Supreme Court’s birthright citizenship decision Trump v Barbara. In his opinion, Kavanaugh made clear that the legal obstacle was not the Fourteenth Amendment itself, but a conflict with existing federal law that Congress has the authority to amend.
“American citizenship is a privilege, and an honor that must be protected,” said Rep. John McGuire (VA-05). “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 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 Institute for Legislative Analysis is proud to have worked with Congressman McGuire and his team to quickly bring the Birthright Citizenship Clarification Act before Congress,” said Ryan McGowan, CEO of the Institute for Legislative Analysis. “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. 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.”
“As Justices Thomas, Alito and Gorsuch made clear, President Trump’s executive order was consistent with the Citizenship Clause and the Supreme Court’s 1898 decision in United States v. Wong Kim Ark,” said Fred McGrath, President of the Institute for Legislative Analysis. “Justice Kavanaugh has made clear that Congress holds the authority to resolve the statutory conflict. 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 Institute for Legislative Analysis is a national data and policy hub that houses the largest ideological voting data sets on the U.S. Congress.
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