This legislative proposal, known as the "Ban Birth Tourism Act of 2026," seeks to amend the Immigration and Nationality Act to address the practice of birth tourism. It introduces new grounds for both inadmissibility and deportability for aliens who engage in this activity, as determined by the Secretary of Homeland Security, the Secretary of State, or a consular officer. Under the bill, an alien is deemed inadmissible if they are seeking to enter the United States as a nonimmigrant for the primary purpose of obtaining U.S. citizenship for a child by giving birth. This also applies if they are likely to give birth within 10 months of entry, thereby likely securing U.S. citizenship for the child based on birth on U.S. territory. Furthermore, the bill establishes that an alien is deportable if they have already entered or reentered the United States to engage in birth tourism. The criteria for deportability mirror those for inadmissibility, focusing on the primary intent to obtain citizenship for a child through birth or the likelihood of giving birth within 10 months of entry while physically present in the U.S. or its territories.
This legislative proposal, known as the "Ban Birth Tourism Act of 2026," seeks to amend the Immigration and Nationality Act to address the practice of birth tourism. It introduces new grounds for both inadmissibility and deportability for aliens who engage in this activity, as determined by the Secretary of Homeland Security, the Secretary of State, or a consular officer. Under the bill, an alien is deemed inadmissible if they are seeking to enter the United States as a nonimmigrant for the primary purpose of obtaining U.S. citizenship for a child by giving birth. This also applies if they are likely to give birth within 10 months of entry, thereby likely securing U.S. citizenship for the child based on birth on U.S. territory. Furthermore, the bill establishes that an alien is deportable if they have already entered or reentered the United States to engage in birth tourism. The criteria for deportability mirror those for inadmissibility, focusing on the primary intent to obtain citizenship for a child through birth or the likelihood of giving birth within 10 months of entry while physically present in the U.S. or its territories.