Children of invaders not entitled to birthright citizenship

Section 301(a) of the Immigration and Nationality Act (8 U.S.C. 1401(a)) is amended to read as follows: (a) a person born in the United States, and subject to the jurisdiction thereof, which shall not include any of the following persons: (1) A person who was born to an invader (as defined in paragraph (1) or (2) of section 3(a) of the Citizenship Act of 2026) if such person’s mother was not lawfully admitted to the United States or was otherwise unlawfully present in the United States and such person's father was not a United States citizen or a lawful permanent resident of the United States at the time of such person’s birth. (2) A person who was born to an invader (as defined in section 3(a)(3) of the Citizenship Act of 2026) if such person’s mother sought admission to the United States or adjustment of status in the United States for the purpose of giving birth to a child in the United States and the father was not a United States citizen or a lawful permanent resident of the United States at the time of such person’s birth. (3) A person born to an invader (as defined in section 3(b) of the Citizenship Act of 2026) as the result of a commercial surrogacy contract..