Ban Birth Tourism Act of 2026
- Sponsor
- Sen. Blackburn, Marsha [R-TN]
- Committees
- Judiciary Committee (primary)
- Last action
- Jul 16, 2026
Bottom line
The bill seeks to prevent non-citizens from entering or remaining in the United States primarily to give birth and secure U.S. citizenship for their children, by establishing new grounds for inadmissibility and deportability based on intent.
What it actually does
This bill amends the Immigration and Nationality Act to establish new grounds for inadmissibility and deportability for aliens who engage in "birth tourism." It defines birth tourism as seeking to enter or reenter 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 obtain citizenship for the child.
Proponents argue
Supporters argue this bill closes a loophole in immigration law that encourages individuals to exploit U.S. citizenship by birthright, thereby upholding the integrity of the immigration system and national sovereignty. They contend it addresses a perceived abuse of the 14th Amendment and reduces strain on public services by deterring those whose sole purpose for entry is to confer citizenship.
Opponents contend
Opponents would likely argue that the bill is unconstitutional, as it attempts to circumvent the 14th Amendment's birthright citizenship clause through legislative means rather than a constitutional amendment. They might also raise concerns about its enforceability, potential for discrimination against pregnant individuals, and the practical difficulties of determining an alien's "primary purpose" or likelihood of giving birth within 10 months, leading to arbitrary decisions and intrusive questioning.
The bill is very short and straightforward, allowing for quick comprehension of its core provisions and intent.
Section 2, amending Section 212(a)(10) of the Immigration and Nationality Act
New Ground for Inadmissibility for Birth Tourism
This provision makes any nonimmigrant alien inadmissible to the United States if they are seeking entry for the primary purpose of obtaining U.S. citizenship for a child by giving birth in the U.S. It also applies if, based on the reasonable judgment of immigration officials, they are likely to give birth within 10 months of entry and thereby obtain citizenship for the child based on birth on U.S. territory.
Supporters argue
Supporters contend this provision is essential to prevent the exploitation of U.S. citizenship laws, ensuring that entry into the country is for legitimate purposes and not solely to confer birthright citizenship. They argue it is a necessary measure to protect national sovereignty and the integrity of the immigration system.
Critics contend
Critics would argue this provision is discriminatory, difficult to enforce fairly, and could lead to profiling or intrusive questioning of pregnant individuals or women of childbearing age. They might also challenge its constitutionality, asserting it attempts to undermine the 14th Amendment's birthright citizenship clause.
Tradeoffs
This provision balances national sovereignty and immigration enforcement with concerns about potential discrimination, the practical challenges of assessing intent and physical condition, and the constitutional interpretation of birthright citizenship.
Section 3, amending Section 237(a)(2) of the Immigration and Nationality Act
New Ground for Deportability for Birth Tourism
This provision makes any alien who has already entered the United States deportable if they are determined to have engaged in birth tourism. The definition of "birth tourism" for deportability mirrors that for inadmissibility: 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 such entry and thereby obtaining citizenship for the child.