Hours after the Supreme Court struck down President Trump’s executive order ending birthright citizenship, Tennessee Representative Andy Ogles introduced legislation that would take a different approach — banning pregnant foreign nationals from entering the United States altogether.
The bill, called the Anchors Away Act, is Ogles’ answer to the court’s 6-3 ruling that Trump’s order ending birthright citizenship for babies born to illegal aliens violated the 14th Amendment, which guarantees citizenship to anyone “born or naturalized” in the United States. Rather than challenging the constitutional provision directly, the legislation targets entry before birth on U.S. soil becomes possible.
Ogles laid out the premise plainly in an appearance on Fox News. “We are literally going to be dropping Anchors Away, which really pushes back against the Supreme Court,” Ogles told host Will Cain. “This idea that if you are pregnant and you are from a foreign nation, you know what, it is time for Congress to pass a law that says you cannot come here. You cannot have a baby on U.S. soil and exploit this loophole.”
The majority opinion in the birthright citizenship case was written by Chief Justice John Roberts. Justice Brett Kavanaugh dissented, and his reasoning opened a potential legislative door. “In my view, the Executive Order does not violate the Fourteenth Amendment,” Kavanaugh wrote. “But the Order does contravene a federal statute, 8 U.S.C. §1401(a). Congress could — consistent with the Fourteenth Amendment — amend §1401(a) or otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country. But Congress has not yet done so.”
Trump responded to the ruling on Truth Social with a direct call to action. “The Supreme Court upheld Birthright Citizenship, which is too bad for our Country, but we can easily make it up in Congress through Legislation, with the support of the President, that has now been determined during this process,” he wrote. “Congress should start TODAY to work on ending expensive and unfair to our Country, Birthright Citizenship. They will have my Complete and Total Support!”
House Speaker Mike Johnson said Tuesday that lawmakers are already looking legislative fixes like the one offered in Ogles’ bill. “We need to address the issue as quickly and as efficiently as we can,” he said, adding that while some have suggested a constitutional amendment may be required, “clearly, birthright citizenship has been abused.”
Johnson acknowledged the scale of that path — “as you know, that is a large undertaking” — signaling that a statutory fix along the lines Ogles is proposing may be the more immediate avenue Congress pursues.
The Anchors Away Act has not yet received a committee hearing, but with Trump demanding legislative action, the proposal is expected to gain significant attention when lawmakers return to session.
