BACK OFF Act

Key Points

• The bill makes any non-permanent-resident alien inadmissible if officials believe she is entering the U.S. to give birth, or is likely to give birth within 10 months of entry. This broad standard relies on the "reasonable judgment" of federal officials, with no waiver available.
• Women of childbearing age applying for B-1/B-2 visitor visas would be required to undergo a medical exam by a U.S. Public Health Service officer to determine if they are likely to give birth during their stay. The same type of exam and detention can happen at the border.
• Anyone who facilitates birth tourism, including by providing documents, housing, transportation, food, or medical care, faces a minimum of 10 years in prison. Conspiracy to help an alien enter the U.S. for birth purposes carries 10 to 25 years and a $100,000 fine per person helped.
• If a country refuses to accept a deported person within 14 days, the U.S. would automatically suspend all visa issuance for that country's citizens for 180 days and bar admission until the person is accepted back.
• The bill strips judicial review of any decision made in these proceedings. Once an immigration officer or judge rules someone is engaged in birth tourism, there is no court appeal available.
• A new Birth Tourism Taskforce would be created within DHS, coordinating with ICE, CBP, the FBI, and other agencies to investigate and prosecute birth tourism operations, with annual reports to Congress.