The brief argues that the President’s executive order restores the Citizenship Clause’s original public understanding by limiting birthright citizenship to the children of U.S. citizens and legal immigrants, and thus not to illegal and temporarily present aliens, such as “birth tourists.”
Limit birthright citizenship to children of U.S. citizens and legal immigrants, excluding children of illegal immigrants and temporary visitors such as 'birth tourists.'
Occurrences
Today U.S. Senator Eric Schmitt (R-MO), chairman of the Judiciary Subcommittee of the Constitution, announced he will be introducing a constitutional amendment to protect American citizenship and rein in birthright citizenship. Schmitt’s constitutional amendment, among other things, would restore the scope of birthright citizenship to only the children of U.S. citizens and legal permanent residents.
Evidence
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Order No. 46, S. 3674, Senator Schmitt, 'A bill to expand and clarify the grounds for civil denaturalization proceedings for individuals who have defrauded a governmental program, joined a terrorist organization, or committed certain criminal offenses.' Jan. 26, 2026.—Read the second time and placed on the calendar.
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Today, U.S. Senator Eric Schmitt (R-MO) and U.S. Representative Chip Roy (R-TX-21) ... filed an amicus brief to the Supreme Court in support of President Trump's Executive Order defending the original meaning of the Fourteenth Amendment's Citizenship Clause.
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The Supreme Court docket for No. 25-365 shows a brief amicus curiae of Senator Eric Schmitt, et al. filed on Jan. 23, 2026, the case was argued on Apr. 1, 2026, and the docket page shows no later merits disposition.
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The current Supreme Court opinions page has no matching entry for Barbara, 25-365, Trump v. Barbara, or birthright citizenship.
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The Court's June 11, 2026 order list shows unrelated pending-case action and does not include any disposition in the birthright-citizenship case.
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Schmitt said he filed an amicus brief supporting Trump's birthright-citizenship executive order and argued citizenship should be reserved for people with a permanent and lawful bond to the United States.
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The Supreme Court docket records that a brief amici curiae of Senator Eric Schmitt, et al. was filed on Jan. 23, 2026.
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On June 30, 2026, the Court held that children born in the United States to parents unlawfully or temporarily present are citizens at birth and affirmed the district court.
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The Sept. 9 court filing seeks a classwide preliminary injunction against EO 14418 after the Supreme Court affirmed the prior birthright-citizenship injunction.
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GovInfo lists Schmitt as sponsor of S. 4973, introduced July 14, 2026, and referred to the Senate Judiciary Committee.
Assessments
The promised federal policy change has not been delivered. Schmitt materially pursued it during his Senate term by filing/supporting amicus advocacy and sponsoring S. 4973, a bill matching the promised birthright-citizenship limit, but the bill was only referred to committee and was not enacted. The cited Supreme Court decision instead upheld birthright citizenship for children born in the United States to unlawfully or temporarily present parents, leaving the promised restriction legally unsuccessful. Because there was a serious attempt but no delivered outcome, this is never with an effort badge.
The promised policy change was not delivered. The strongest evidence is the June 30, 2026 Supreme Court decision holding that children born in the United States to parents unlawfully or temporarily present are citizens at birth, rejecting the attempted narrowing of birthright citizenship. Schmitt did take a concrete and serious step by filing an amicus brief supporting the executive order, which shows meaningful effort and advocacy, but that did not produce the promised outcome. Because the policy was affirmatively rejected during his current federal term, this is best scored as never with effort credit rather than partial delivery.
Schmitt took concrete steps toward the promise during his Senate term, most notably filing an amicus brief supporting President Trump's executive order to narrow birthright citizenship, and he was publicly involved in related citizenship policy efforts. But as of June 11, 2026, there is no Supreme Court merits decision in the cited birthright-citizenship case and no enacted federal change limiting birthright citizenship in the way promised. Because there was real effort but no completed policy outcome yet, the claim is best scored as unresolved rather than delivered or never.
The promised federal policy change has not been shown to have taken effect or been enacted. Schmitt took a concrete same-term step by filing an amicus brief supporting President Trump's birthright-citizenship executive order, but that is legal advocacy rather than delivery of the promised limit. The cited Senate calendar item also does not establish enactment of the birthright-citizenship restriction and appears to concern civil denaturalization rather than automatic citizenship for children born in the United States. Because Schmitt is still in office and the outcome remains legally and legislatively unsettled, the best classification is unresolved with an effort badge.