Jim Banks Just Found the Legal Door Kavanaugh Left Open On Birthright — and He’s Walking Straight Through It

of “invaders” from automatic citizenship — drawing directly on the historical exception that even the Court’s majority acknowledged existed for children of enemy combatants and hostile forces. Wong Kim Ark, the foundational 1898 case establishing birthright citizenship, carved out exactly this exception. Congress never needed to invoke it before. Banks is invoking it now.

Let’s be direct about what this bill actually does and doesn’t do. It is not a clean end-run around the Court’s ruling. The five-