No Deliveries Act
- Sponsor
- Rep. Fine, Randy [R-FL-6]
- Committees
- Judiciary Committee (primary)
- Last action
- Jul 22, 2026
Bottom line
The bill criminalizes birth tourism, imposing significant prison sentences and facilitating immediate judicial deportation for those convicted of misrepresenting their entry purpose to give birth in the U.S.
What it actually does
This bill amends federal criminal code to establish birth tourism as a specific offense, targeting individuals who knowingly enter the United States with the purpose of giving birth to a child whose parents are not U.S. nationals or lawful permanent residents, while misrepresenting their true intent. It imposes a minimum 10-year prison sentence if the child is born in the U.S. as a result of this offense and grants U.S. district courts direct authority to order the removal of convicted aliens at sentencing.
Proponents argue
Supporters argue this bill addresses a perceived loophole in immigration law, asserting that birth tourism undermines national sovereignty and the integrity of the citizenship process by allowing individuals to exploit U.S. birthright citizenship. They contend it deters fraudulent entry, protects national security, and ensures that U.S. citizenship is not obtained through deceptive means.
Opponents contend
Opponents may argue that the bill is overly punitive, potentially leading to severe humanitarian consequences for pregnant individuals and their children, including the separation of families and the incarceration of new mothers. They might also contend that it could disproportionately affect certain groups, raise constitutional questions regarding birthright citizenship, and challenge the due process rights of individuals facing expedited removal.
The bill is extremely short and straightforward, allowing for a quick and complete understanding of its provisions within minutes.
Section 2(1) of H.R. 9850, amending 18 U.S.C. 1546(a)
Establishment of Birth Tourism as an Offense and Increased Penalties
This provision amends existing law to make it a federal crime for someone to knowingly enter the United States with the specific intention of giving birth to a child whose parents are neither U.S. nationals nor lawful permanent residents, while simultaneously misrepresenting their true purpose for entry. If a child is born in the U.S. as a result of this offense, the penalty includes a minimum of 10 years imprisonment, in addition to existing penalties of up to 25 years.
Supporters argue
Supporters argue this provision directly targets and deters individuals who exploit U.S. immigration laws for birthright citizenship, thereby protecting national borders and the integrity of citizenship. They believe the severe penalties are necessary to act as a strong deterrent against such practices.
Critics contend
Critics may argue that the provision is overly harsh, particularly the 10-year minimum sentence, which could lead to humanitarian crises for pregnant individuals and their newborns. They might also raise concerns about the difficulty of proving 'intent' and 'misrepresentation,' potentially leading to discriminatory enforcement.
Tradeoffs
The bill balances the perceived need to deter immigration fraud and protect national sovereignty against concerns about the severity of penalties, potential humanitarian impacts, and the practical challenges of enforcing intent-based crimes.
Section 2(2) of H.R. 9850, adding 18 U.S.C. 1546(d)
Direct Judicial Removal Authority
This provision grants U.S. district courts the explicit authority to issue a judicial order for the removal of any alien who is convicted of an offense under Section 1546 of title 18, United States Code, at the time of their sentencing. This means that a separate administrative deportation process by immigration authorities would not be strictly necessary, streamlining the removal process for convicted individuals.