Section 1 Short title
This Act may be cited as the “Ban Birth Tourism Act of 2026”.
Ban Birth Tourism Act of 2026
A BILL
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.
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—
by redesignating subparagraph (F) as subparagraph (G); and
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.”