S. 5023 explained · 119th Congress · Pending in Congress
Ban Birth Tourism Act of 2026
Cosponsors: 9 (0 D, 9 R) · per Congress.gov, 2026-10-08
Introduced: 2026-07-16
Latest action (2026-07-16): Read twice and referred to the Committee on the Judiciary.
What S. 5023 does, in plain terms
The Congressional Research Service has not published a summary of S. 5023 yet. Its official title: “Ban Birth Tourism Act of 2026”.
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S. 5023 has not been graded yet. New measures with an official summary are graded daily under the published rubric.
The Framers
“Founders’ Verdict”
Confidence 1.00
Archived SI output (machine-generated)No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.
Synthesis
The Fourteenth Amendment's Citizenship Clause unequivocally grants birthright citizenship to all persons born in the United States and subject to its jurisdiction. Congress lacks the authority to abridge this constitutional right through ordinary legislation, as doing so would effectively amend the Constitution without following the proper amendment process. The naturalization power under Article I, Section 8, Clause 4 does not extend to stripping birthright citizenship, and the bill would create a class of stateless persons, undermining the uniformity of citizenship and the principles of the social compact.
The Constitution establishes birthright citizenship in the Fourteenth Amendment, which declares that 'All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.' This provision is unambiguous and does not grant Congress the authority to deny citizenship to children born on U.S. soil, except for those not subject to U.S. jurisdiction (e.g., foreign diplomats or enemy forces in wartime). The proposed bill would effectively amend the Constitution by statute, which is beyond the legislative power. Furthermore, the naturalizatio…
The Fourteenth Amendment explicitly declares that 'All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.' This provision admits of no exception for aliens who are lawfully present. To deny citizenship to children born on American soil to such aliens would be to contravene the plain text of the Constitution. The Tenth Amendment further reserves to the States or the people those powers not delegated to the United States; the power to alter the fundamental definition of citizenship, as set forth in the Constitution, is no…
The Constitution, in Article I, Section 8, Clause 4, grants Congress the power to establish a uniform rule of naturalization, but this power is limited by the Fourteenth Amendment's Citizenship Clause, which declares that all persons born or naturalized in the United States and subject to its jurisdiction are citizens. The proposed bill seeks to deny citizenship to children born in the United States to certain aliens, which would contravene this constitutional guarantee. Furthermore, the Federalist No. 10 warns against factions that might undermine the rights of individuals, and this bill appe…
The Constitution, in the Fourteenth Amendment, declares that 'All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.' This clause is self-executing and defines citizenship with precision, leaving no room for Congress to alter its meaning by statute. To deny citizenship to children born in the United States to certain aliens would directly contradict the plain text of the Constitution. Furthermore, as established in Marbury v. Madison, it is emphatically the province of the judicial department to say what the law is, and…
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