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S. 5023·119th Congress·Introduced Jul 16, 2026

Ban Birth Tourism Act of 2026

IntroducedImmigrationMajor
View bill text
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

prominently featuredmoderately complex

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.

GroupImpactMechanismScale
GroupPregnant nonimmigrant aliens seeking to enter the U.S.ImpactDenial of entry or visa.MechanismConsular officers or DHS officials can deny visas or entry based on reasonable judgment of intent or likelihood of giving birth.ScalePotentially affects all nonimmigrant visa applicants who are pregnant or could be perceived as pregnant and intending to give birth in the U.S.
GroupU.S. Consular officers and Department of Homeland Security (DHS) officialsImpactIncreased responsibility and discretion in evaluating visa applications and entries.MechanismRequires new protocols and training for assessing "primary purpose" and "likelihood to give birth," potentially leading to more subjective decision-making.ScaleSystem-wide impact on immigration processing and border control.

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

prominently featuredmoderately complex

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.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

On this page

  • Executive summary
  • Key provisions
  • Follow the money
  • Critical analysis
  • Questions to ask
  • Implementation
  • Political analysis
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