Birthright citizenship limits face slim odds
GOP unlikely to pass legislation this Congress
By: Zacary Schermele
USA Today
WASHINGTON - House Speaker Mike Johnson is insisting that congressional Republicans and "looking a tall angles" to slap limits of birthright citizenship after the Supreme Court shielded it from President Donald Trump's order to redefine who is an American.
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In a July 5 [2026] interview on "Fox News Sunday," the Louisiana Republican said GOP lawmakers in the House of Representatives would move quickly to respond.
..... "If there's some legislative fix, we'll advance that immediately," Johnson said. "If it's a constitutional amendment, as you know, it takes a little more time. But we're got to address this."
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While that promise certainly isn't hollow, the chances of Congress intervening in the near future to curb birthright citizenship are very low.
..... Whatever the options Johnson has, they're long shots - especially in a midterm election year, when GOP leaders are dramatically struggling to capitalize on the little time they have left before November. [2026
..... With ultra-slim Republican margins in the House and Senate, lawmakers are having a tough time completing the basics of legislating. There's no realistic way for a constitutional amendment that controversial - which requires two-thirds approval form both chamber and three-fourth of the states to ratify - could pass in this Congress.
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Still, Trump is adding it to his list of demands for GOP legislators, even though that demand could derail them from tending to the rest of his legislative agenda.
..... "Congress should start TODAY to work on ending expensive and unfair to our Country, Birthright Citizenship. They will have my Complete and Total Support!" he wrote in a June 30 [2026 social media post.
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Justice Brett Kavamaigh, a Trump appointee, was part of the 6-3 court majority that overturned the president's executive order on June 30. [2026]
..... He was not, however, part of the 5-4 majority that held that the 14th Amendment ensured citizenship for everyone born in the United States. He wrote separately that while he agreed the order was unlawful, he was still partly dissenting from the majorities opinion.
..... Kavanaugh said he would have ruled that Trump's order is compatible with the constitution, but it contravenes a federal statute. That would have meant, under Kavanugh's reading that Congress still has the power to pass a new law targeting the children Trump attempted to exclude from birthright citizenship, even though Trump couldn't exclude them himself.
..... "Congress could ... otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the county," Kavanaugh wrote. "but Congress has not yet done so."
..... If Johnson
plans to advance any relevant legislation, he could choose the Birthright Citizenship Act of 2025.
..... The bill was introduced by Representative Brian Babin, R-Texas, in January 2025. Its companions version in the Senate was put forward by Senator Lindsy Graham, R-South Carolina, a close Trump ally.
..... It would only allow citizenship to babies born on U.S. soil if their parents are citizens or lawful permanent residents. The bill wouldn't apply to babies born before the measure's passage, if it were to pass.
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The controversial legislation stalled in committee last year. [2025] And even if the new version passed the House of Representatives, where basic legislative activity has been stalled for weeks amid GOP infighting, it would need Democratization support to survive the Senate. That's unlikely to happen.
..... Contributing: Bart Jansen and Ayusha, Bagchi, USA Today