Ban Birth Tourism Act of 2026
- Sponsor
- Rep. McCormick, Richard [R-GA-7]
- Committees
- Judiciary Committee (primary)
- Last action
- Jul 23, 2026
Bottom line
This bill seeks to prevent individuals from entering the United States solely for the purpose of securing birthright citizenship for their children by establishing new grounds for inadmissibility and deportability.
What it actually does
This bill amends the Immigration and Nationality Act to establish new grounds for inadmissibility and deportability for aliens engaging in "birth tourism." It defines birth tourism as entering or reentering the United States primarily to obtain U.S. citizenship for a child by giving birth, or being likely to give birth within 10 months of entry and thereby obtaining citizenship for the child. The determination is based on the reasonable judgment of the Secretary of Homeland Security, Secretary of State, or a consular officer.
Proponents argue
Supporters argue this bill addresses a perceived loophole in immigration law that encourages "birth tourism," which they view as an abuse of U.S. citizenship. They contend it protects the integrity of U.S. citizenship and immigration systems by deterring individuals whose primary intent for entry is to exploit birthright citizenship, thereby reducing potential strain on public services.
Opponents contend
Opponents would likely argue that this bill undermines the 14th Amendment's guarantee of birthright citizenship and could lead to discriminatory practices in visa processing and border enforcement. They might also raise concerns about the practical difficulties of determining an alien's "primary purpose" or "likelihood to give birth" and the potential for separating families or denying entry to pregnant individuals with legitimate reasons for travel.
The bill is very short and easy to read, allowing ample time for a thorough evaluation of its implications.
Section 2, amending Section 212(a)(10) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10))
New Ground for Inadmissibility for Birth Tourism
This provision makes any alien seeking admission as a nonimmigrant inadmissible if their primary purpose is to obtain U.S. citizenship for a child by giving birth in the U.S. It also applies if an alien is likely to give birth within 10 months of entry and thereby obtain citizenship for the child. This determination is made by the Secretary of Homeland Security, Secretary of State, or a consular officer.
Supporters argue
Proponents argue this closes a loophole that allows individuals to exploit U.S. birthright citizenship, ensuring that U.S. citizenship is not obtained through intentional circumvention of immigration laws. They believe it will reduce the strain on public services and uphold the integrity of the immigration system.
Critics contend
Opponents contend this provision grants excessive discretionary power to immigration officials, potentially leading to profiling and discrimination against pregnant women. They argue it could also lead to legitimate travelers being denied entry based on subjective judgments about their intent or physical condition, infringing on privacy.
Tradeoffs
The bill balances the perceived need to prevent birth tourism with concerns about potential discrimination and the practical challenges of assessing intent or likelihood of birth.
Section 3, amending Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2))
New Ground for Deportability for Birth Tourism
This provision makes an alien deportable if they have entered the U.S. to engage in birth tourism. Similar to the inadmissibility clause, "birth tourism" is defined as entering for the primary purpose of obtaining U.S. citizenship for a child by giving birth, or being likely to give birth within 10 months of entry and thereby obtaining citizenship for the child. This determination is made by the Secretary of Homeland Security, Secretary of State, or a consular officer.