H.R. 9854: Citizenship Act of 2026

This bill would change U.S. immigration and citizenship rules by creating a new legal category called “invaders” and denying birthright citizenship to some children born in the United States to people in that category.

What the bill says

The bill states that certain people would be treated as “invaders” while in the United States, including:

• People who were not lawfully admitted to the United States.
• People who are otherwise unlawfully present in the country.
• People seeking a visa, admission, or adjustment of status whom officials believe are trying to enter the country for the purpose of giving birth in the United States.
• Certain foreign nationals who enter into commercial surrogacy arrangements for the purpose of having a child born in the United States.

Changes to birthright citizenship

The bill would amend the Immigration and Nationality Act so that some children born in the United States would not be considered U.S. citizens at birth, even if born on U.S. soil. Specifically, it would exclude children born to:

• People designated as invaders because they are unlawfully present or were not lawfully admitted, if the child’s other parent was not a U.S. citizen or lawful permanent resident.
• People designated as invaders because they were believed to be entering for birth tourism, if the child’s other parent was not a U.S. citizen or lawful permanent resident.
• People designated as invaders due to certain commercial surrogacy contracts.

Who would be affected

The bill would apply to children born after the law takes effect, if their parent is designated an “invader” under the bill’s rules at the time of birth.

Limits on court review

The bill says that courts would not be allowed to review a determination by the President or Congress that an invasion exists. It also says the bill should not be read to authorize military force.

Other provisions

The bill says it does not change the criminal or civil jurisdiction of the United States or any state over people designated as invaders for violations of law. It also includes a severability clause, meaning if one part is struck down, the rest is intended to remain in effect if possible.

Relevant Companies

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