Ban Birth Tourism Act of 2026

Key Points

• The bill makes it illegal for foreign visitors on tourist or business visas to enter the U.S. mainly to give birth so their child becomes a citizen. Officials can deny entry to anyone judged to be doing this.
• Travelers who are likely to give birth within 10 months of entering the country can be blocked or removed, even without direct proof of their intentions, based on an official's judgment call.
• People already in the U.S. on a tourist or business visa can be deported if they are found to have entered for the primary purpose of giving birth to secure citizenship for their child.
• DHS, the State Department, and individual consular officers all get authority to decide, based on their own judgment, whether someone is a birth tourist, which gives frontline officials wide discretion over these decisions.