Lankford Introduces Bill to End Territorial Birthright Citizenship

Senate Bill 5667 would exclude certain children born in U.S. territories from birthright citizenship, as a federal court temporarily blocks a related executive order.

Updated on Nov. 11, 2026 in Immigration

Lankford Introduces Bill to End Territorial Birthright Citizenship

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Should the U.S. restrict birthright citizenship for children born in U.S. territories?

Senator James Lankford introduced Senate Bill 5667, the "Ending Birthright Citizenship in U.S Territories Act," which would exclude from birthright citizenship in U.S. territories children whose mother is not lawfully present and whose father is not a U.S. citizen or lawful permanent resident. Separately, a federal court in Maryland temporarily blocked enforcement of President Trump's birth tourism executive order pending litigation.

Why it matters

The bill would take effect immediately upon passage and follows a similar House measure introduced by Representative Morgan Griffith earlier this year, which would take effect next year if enacted. Lankford's bill arrives as the U.S. Supreme Court, in Trump vs. Barbara, upheld birthright citizenship.

Senate Bill 5667 would apply to children whose mother is not lawfully present in the territory and whose father is not a U.S. citizen or lawful permanent resident, and the House companion measure would take effect next year if enacted. Tourist births in the Northern Mariana Islands fell from 581 in 2018 to 47 in 2025, though the extent of current birth tourism elsewhere remains unclear.

The players

President Donald Trump

The current President of the United States, who issued the executive order targeting birth tourism and whose directive was temporarily blocked by a federal court in Maryland.

James Lankford

A United States Senator who introduced Senate Bill 5667 to end birthright citizenship for certain children born in U.S. territories.

Morgan Griffith

A U.S. Representative who introduced a similar House measure earlier this year that would take effect next year if enacted.

Commonwealth Healthcare Corp.

The health care provider in the Commonwealth of the Northern Mariana Islands whose data shows a sharp decline in tourist births.

State Department

The federal agency that created the Birth Tourism Prevention Task Force on August 12.

The details

Supporters point to birth tourism in U.S. territories, where foreign nationals travel to give birth so their children can obtain U.S. citizenship, and lawmakers have cited alleged loopholes that brokers exploit to bring pregnant women into the territory. The bill redefines birthright citizenship for territories based on parental lawful presence and citizenship or residency status.

2018: 581 tourist births recorded in the Commonwealth of the Northern Mariana Islands.
August 6, 2026: President Trump issued an executive order targeting birth tourism.
August 12, 2026: The State Department created the Birth Tourism Prevention Task Force.
2025: 47 tourist births recorded in the Commonwealth of the Northern Mariana Islands.
November 11, 2026: Lankford introduced Senate Bill 5667.

Political Context

The Supreme Court's decision in Trump vs. Barbara upholding birthright citizenship sets the constitutional backdrop for Lankford's proposal, which would create a territory-specific exception. Opponents will likely contest whether Congress can narrow the citizenship guarantee for U.S. territories, a question the source does not address.

If enacted, Senate Bill 5667 would take effect immediately and affect how citizenship is determined for children born in U.S. territories to mothers who are not lawfully present. Families with pending births in U.S. territories would face uncertainty about citizenship status while litigation over the executive order continues.

The takeaway

Birthright citizenship law is being tested on several fronts at once, from Congress to the courts, so readers should track both the Senate bill and the Maryland litigation as they develop.