Citizenship Act of 2026

Redefines parts of immigration law by classifying certain noncitizens as “invaders” and restricting birthright citizenship. Denies U.S. citizenship at birth to children born in the United States when parents lack legal status or meet specified conditions, including some cases tied to visa use or foreign surrogacy.

Expands who can be labeled an “invader” to include undocumented immigrants, some visa applicants, and certain foreign surrogacy clients. Allows federal and state authorities to enforce and prosecute under this classification, while barring courts from reviewing decisions by the President or Congress that an invasion exists.

Applies these rules to children born after the law takes effect. Maintains that if one part of the law is struck down, the remaining sections continue to operate. Limits the use of military force by stating the War Powers Resolution cannot be used for enforcement under this law.