(1)

Section 4 of article IV of the Constitution of the United States imposes a constitutional duty on the United States to protect each [State] against invasion.

(2)

Section 8 of article I of the Constitution of the United States gives Congress the power to establish a uniform Rule of Naturalization.

(3)

According to James Madison, the naturalization power given to Congress under article I of the Constitution of the United States was designed to protect States from being forced to accept liberal immigration policies.

(4)

Illegal immigration into the United States has become a national security crisis.

(5)

Under the Biden administration, millions of migrants flooded our Nation’s borders or were otherwise permitted to enter the country, including known cartel members, violent criminals, and terrorists.

(6)

President Biden abused emergency temporary immigration programs, such as parole and temporary protected status, to allow millions of otherwise illegal aliens to remain in the United States and receive public benefits.

(7)

The Trump administration has worked hard to secure the southern land border of the United States and is carrying out the largest mass deportation effort in our Nation's history.

(8)

Notwithstanding, such efforts, as many as 15,000,000 illegal aliens remain in the United States.

(9)

Nearly 16 percent of the population of the United States is foreign born and most of the recent increase in foreign births can be attributed to illegal immigration.

(10)

Illegal immigration has downstream consequences for many aspects of American life, including increased housing prices, depressed wages, threats to public safety, and fewer jobs for United States citizens.

(11)

Worldwide, mass migration has increasingly been used by migrants’ countries of origin to exert control over foreign territory, which has been referred to by scholars as the global weaponization of migration.

(12)

Some Mexicans view migration to the United States as a method of reconquering territory acquired by the United States during the nineteenth century. Mexican politicians sometimes refer to certain United States cities as occupied territories or migrant land.

(13)

An estimated 1,500,000 nationals of the People's Republic of China have acquired United States citizenship by being born in the United States by surrogates, a practice that has been encouraged by the Chinese Communist Party.

(14)

On January 20, 2025, President Donald Trump declared that the mass unlawful movement of persons into the United States constitutes an invasion. The governors of multiple States have also declared a state of invasion at the southern border.

(15)

The United States, at various times, has treated private, non-state actors, including pirates, slave traders, and terrorists, as enemy combatants.

(16)

While millions of illegal aliens remain in the United States and birth tourism is allowed to be exploited by foreign adversaries, this invasion remains ongoing.

(17)

As confirmed by Federal courts and judges, including California v. United States, 104 F.3d 1086, 1091 (9th Cir. 1997); Padavan v. United States, 82 F.3d 23, 28 (2d Cir. 1996); Chiles v. United States, 69 F.3d 1094, 1097 (11th Cir. 1995), and United States v. Abbott, 110 F.4th 700, 726–29 (5th Cir. 2024) (Ho, J., concurring in part), the determination of the existence of an invasion is a nonjusticiable question committed to the political branches and is not reviewable by the Federal courts. Similar to other political questions, a determination of invasion involves a lack of judicially discoverable and manageable standards that courts can use to adjudicate such determinations. Zivotofsky ex rel. Zivotofsky v. Clinton, 566 U.S. 189, 195 (2012).

(18)

Children of foreign invaders who are born on United States soil are not entitled to birthright citizenship under the Fourteenth Amendment to the Constitution of the United States.

(19)

Birthright citizenship did not apply to children born to invaders under the British common law, and the framers of the Citizenship Clause of the Fourteenth Amendment understood the clause to exclude the children of invaders.

(20)

Although the United States Supreme Court broadened the meaning of the Citizenship Clause in Trump v. Barbara, 609 U.S. _ (2026), the court did not hold that children born to invaders are entitled to birthright citizenship. The Supreme Court reaffirmed United States v. Wong Kim Ark, 169 U.S. 649, 658 (1898), which held that children within territory in hostile occupation are not entitled to birthright citizenship. 169 U.S. 649, 658 (1898).

(21)

It is therefore consistent with the holding in Barbara v. Trump for Congress to invoke its constitutional authority by—

(a) Invaders

Congress declares that all of the following persons are designated invaders while remaining in the United States for purposes of section 301(a) of the Immigration and Nationality Act, as amended by section 4:

(b) Commercial surrogacy contracts

Congress declares that any person who is a national of a covered nation (as defined in section 4872(f)(2) of title 10, United States Code) and enters into a commercial surrogacy contract with a person in the United States, or with a surrogacy broker who arranges a commercial surrogacy contract with a person in the United States, for the purpose of having a child birthed in the United States shall be designated an invader for purposes of section 301(a) of the Immigration and Nationality Act, as amended by section 4.

(c) Rules of construction

(a) Jurisdiction

Nothing in this Act may be construed to revoke the criminal or civil jurisdiction of the United States, or of any State, over invaders for violations of Federal or State law.

(b) Military force

Nothing in this Act may be construed to authorize the use of military force under the War Powers Resolution (50 U.S.C. 1541 et seq.).