July 16, 2026
Mrs. Blackburn (for herself, Mr. Banks, Mr. Budd, Mr. Cornyn, Ms. Lummis, Mr. Sheehy, and Mr. Scott of Florida) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To amend the Immigration and Nationality Act to provide for the inadmissibility of certain aliens seeking citizenship for children by giving birth in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the Ban Birth Tourism Act of 2026
.
Sec. 2. Inadmissibility of aliens seeking United States citizenship for children through birth tourism
Section 212(a)(10) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)) is amended by adding at the end the following:
(F) Aliens seeking citizenship for children by giving birth in the United States
(i) In general
Any alien seeking admission to the United States as a nonimmigrant under section 101(a)(15)(B) to engage in birth tourism is inadmissible.
(ii) Birth tourism
An alien is engaging in birth tourism under clause (i) if, based on the reasonable judgment of the Secretary of Homeland Security, the Secretary of State, or a consular officer, the alien—
(I)
is seeking to enter or reenter the United States for the primary purpose of obtaining United States citizenship for a child by giving birth to such child; or
(II)
is likely to give birth to a child within 10 months of entry if such alien is admitted to, or physically present in, the United States or its territories or outlying possessions and, as a result, is likely to obtain United States citizenship for such child based on the child’s birth on United States territory.
Sec. 3. Deportability of aliens seeking United States citizenship for children through birth tourism
Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended—
(1)
by redesignating subparagraph (F) as subparagraph (G); and
(2)
by inserting after subparagraph (E) the following:
(F) Birth tourism
(i) In general
An alien is deportable if such alien has entered the United States to engage in birth tourism.
(ii) Birth tourism
An alien has engaged in birth tourism if, based on the reasonable judgment of the Secretary of Homeland Security, the Secretary of State, or a consular officer, the alien—
(I)
entered or reentered the United States for the primary purpose of obtaining United States citizenship for a child by giving birth to such child; or
(II)
is likely to give birth to a child within 10 months of such entry while in the United States or its territories or outlying possessions and, as a result, is likely to obtain United States citizenship for such child based on the child’s birth on United States territory.