Constitutional Opinion No. 2026-0920
Case Information
- Content Scored
- Citizenship Act of 2026 — Birthright Citizenship Exclusion for Children of Invaders (S. 4954, 119th)
- Source
- congress.gov / U.S. Government Publishing Office (BILLS-119s4954is)
- Author
- U.S. Senate (119th Congress)
- Publication Date
- 2026-07-13
- Content Type
- Legislation
- Opinion Issued
- 2026-07-27
- AFCS Version
- 1.0
Holding
Introduced legislation declaring unauthorized entrants and birth-tourism participants 'invaders' and excluding their children from birthright citizenship by amending the Immigration and Nationality Act. Scored under the default 70/30 weighting because the declaratory findings are themselves assessed. The bill aligns strongly with a restrictionist reading of borders, citizenship, and belonging (Article VI) and the protection of citizenship's value (Article II), but is materially weighed down under Article XVII: Section 5 strips judicial review of 'invasion' determinations and the bill reinterprets the Fourteenth Amendment's citizenship guarantee by statute, raising court-stripping and constitutional-order concerns, and its constitutional premise is contested. Final score 64 (Tier 1 68, Tier 2 55) — Mostly America First. No Automatic Fail.
It is the judgment of this Court that Opinion No. 2026-0920 is hereby entered into the record, in accordance with the America First Constitutional Standard. The score stands. The reasoning is published. The record is public.