Sponsors (10)
The bill tightens authority to block and remove visitors who primarily seek to give birth in the U.S., likely reducing some birth‑tourism and public costs but at the expense of pregnant visitors' travel and healthcare access, increased discretionary enforcement, legal challenges, and economic effects on tourism.
DHS, State Department consular officers, and CBP officers gain clear statutory authority to deny visas or admission to B‑1/B‑2 visitors when their primary purpose is to obtain U.S. citizenship for a child born here, making screening and enforcement of birth‑tourism cases more direct.
Taxpayers and local/state health systems may see fewer planned birth‑tourism arrivals, potentially lowering uncompensated care and public service costs in communities that have borne those expenses.
U.S. immigration policy is likely to deter some birth‑tourism trips by reducing the perceived benefit of giving birth in the U.S., which supports broader immigration‑control objectives.
Pregnant noncitizen visitors face a real risk of being denied entry or later removed if officials judge their pregnancy timing or intent as likely to result in a birth here, directly threatening their liberty and travel plans.
Pregnant travelers and their newborns may delay or avoid seeking care in the U.S. out of fear of immigration consequences, increasing health risks and potentially shifting burdens onto emergency services.
The bill vests broad discretionary power in immigration and consular officers, raising a high risk of inconsistent, subjective, or erroneous denials and removals that are likely to generate litigation on due process and equal‑protection grounds.
Based on analysis of 3 sections of legislative text.
Makes B-1/B-2 visitors inadmissible and removable if officers reasonably judge they are seeking "birth tourism," including likely births within 10 months of entry.
Official title: 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.
Introduced July 16, 2026 by Marsha Blackburn · Last progress July 16, 2026
Makes noncitizen visitors seeking to give birth in the United States inadmissible at entry and deportable if already present. The bill adds a new inadmissibility ground for B-1/B-2 admissions and a new deportability ground tied to "birth tourism," using a 10-month window and allowing DHS, State, or consular officers to make reasonable-judgment determinations. The law defines birth tourism as entering or reentering primarily to obtain U.S. citizenship for a child by giving birth in the United States, or being likely to give birth within 10 months of entry and thereby obtain citizenship for the child. It expands grounds for removal and refusal of admission based on that definition; it does not create new benefits or funding programs.