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
Evidence
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.
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.
Assessments
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.