Congressional Republicans Launch New Legislative Blitz to Restrict Birthright Citizenship in U.S. Territories
The historic legal battle over automatic birthright citizenship has transitioned from the executive branch and the federal courts into the halls of Congress. Following a monumental defeat in the U.S. Supreme Court, where a 6-3 majority in Trump v. Barbara (June 30, 2026) struck down President Donald Trump's executive order attempting to end birthright citizenship for the children of undocumented immigrants, the administration's legal avenue has officially closed. The 25-day statutory window for the Department of Justice to petition the Supreme Court for a rehearing has passed with no filing, making the landmark ruling final.
In response, congressional Republicans are executing a coordinated legislative pivot, launching a two-pronged strategy to restrict birthright citizenship via statute and constitutional amendment, with a particular focus on U.S. territories.
Targeting U.S. Territories: The Morgan Griffith Bill
In late July 2026, Representative Morgan Griffith (R-VA) introduced the “End Birthright Citizenship for the Territories Act” in the House of Representatives.
The bill represents a highly strategic "backup plan" designed to exploit perceived legal ambiguities regarding the geographic scope of the 14th Amendment. While the Supreme Court's ruling in Trump v. Barbara solidified birthright citizenship within the 50 states under the 14th Amendment's Citizenship Clause, legal scholars and conservative lawmakers argue that the constitutional status of unincorporated U.S. territories (such as Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands) is distinct, and that citizenship in these areas is governed by congressional statute rather than direct constitutional mandate.
The Griffith bill seeks to test this legal theory by ending automatic birthright citizenship in U.S. territories for children born to non-citizen parents:
The bill "would limit automatic citizenship in Puerto Rico and other U.S. territories to only children born to U.S. citizens or legal permanent residents starting in 2027."
By focusing on the territories, proponents hope to establish a statutory precedent of restricting birthright citizenship that could survive judicial scrutiny, while laying the groundwork for broader national restrictions.
The Broader Legislative Campaign
Simultaneously, conservative lawmakers are pushing for a permanent, nationwide solution. Senator Eric Schmitt (R-MO) has announced plans to introduce a constitutional amendment to explicitly restrict birthright citizenship nationwide to only the children of U.S. citizens and legal permanent residents. Schmitt argued that the amendment is necessary to correct what he termed the Supreme Court's "ridiculous interpretation" of the 14th Amendment and to prevent "birth tourism" and citizenship for the children of undocumented immigrants.
This legislative campaign represents a critical shift in the contestation of power. Having failed to achieve its immigration goals through unilateral executive action, the conservative movement is leveraging its congressional power to test the limits of statutory citizenship and build momentum for a constitutional rewrite of the 14th Amendment.