BAN Act

The "Birthright Abuse and Nationality Act," or BAN Act, aims to prohibit the practice of birth tourism in the United States. Congress finds that birth tourism exploits U.S. citizenship, undermines the integrity of the immigration system, and that the Supreme Court's interpretation of the Fourteenth Amendment in Trump v. Barbara devalues American citizenship. The bill defines "birth tourism" as an alien visiting the U.S. primarily to give birth to a child who does not have a U.S. national parent, explicitly excluding visits for necessary medical treatment.

Under this Act, any alien seeking admission to engage in birth tourism, along with their knowingly participating or facilitating family members, would be deemed inadmissible to the United States. Immigration officers would consider factors like being in the third trimester of pregnancy, having an expected delivery date during the stay, or seeking temporary nonimmigrant admission while pregnant as evidence. Furthermore, the bill establishes criminal penalties, including up to 10 years in prison, for aliens who commit birth tourism visa fraud by failing to disclose pregnancy or misrepresenting facts, and for individuals or entities that knowingly organize, promote, or facilitate commercial birth tourism enterprises.