Rep. Rich McCormick introduced a House companion to Sen. Marsha Blackburn’s Ban Birth Tourism Act of 2026, adding fresh congressional momentum to the federal crackdown on birth tourism. The bill targets foreign nationals who seek U.S. entry for the primary purpose of securing citizenship for a child through childbirth and would expand immigration consequences for those cases.
- The measure would make a foreign national inadmissible if they seek entry for the primary purpose of obtaining U.S. citizenship for a child through childbirth.
- It would add birth tourism as a deportable offense and authorize DHS and State Department officials to make that determination.
- ICE has launched a Birth Tourism Initiative, while the State Department says it has revoked more than 100 B-1/B-2 visas tied to birth tourism schemes as of June 10, 2026.
- Federal agencies escalated birth tourism crackdowns after the Supreme Court upheld constitutional birthright citizenship laws.
- Authorities are targeting commercial travel networks that coach foreign nationals to misrepresent intentions on visa applications.
- The State Department revoked hundreds of visas in June twenty twenty-six across Africa and Europe for alleged fraud.
Federal immigration agencies and the Department of Justice have escalated a crackdown on the commercial networks and alleged fraud behind birth tourism, days after the Supreme Court upheld birthright citizenship.
Free toolB1/B2 Tourist Visa Stay Calculator onlineThe June 30 ruling in Trump v. Barbara ended the administration’s effort to eliminate citizenship at birth through executive action. Officials instead directed investigators toward visa applications, travel facilitators, hospitals and other businesses connected to the practice.
Colin M. McDonald of the Office of the Deputy Attorney General sent a memo to all federal prosecutors on June 30. He said prosecutors would pursue people who fraudulently exploit the immigration system and bring those responsible to justice.
Acting Attorney General Todd Blanche described the companies arranging these trips as a “booming industry.” He spoke to reporters July 1.
“Everybody should agree that it's a violation of our laws if your intent in coming here if you're pregnant is to have a child that's a U.S. citizen. What we have to do as Department of Justice is make sure our agents, our Homeland Security Investigations (HSI) agents that we work with, and the FBI are focused on stopping that.”
The federal effort now spans investigations, visa cancellations and border screening. The child’s constitutional status remains unchanged, while parents and facilitators can face prosecution for related conduct.
Investigators are targeting the networks that arrange the trips
Homeland Security Investigations launched the ICE “Birth Tourism Initiative” on April 10, 2026. The operation focuses on networks that coach foreign nationals to misrepresent their travel intentions on visa applications.
The State Department said June 10 that authorities had dismantled networks in West Africa, Europe and North Africa. In a statement, the agency said a U.S. visa is “a privilege, not a right” and that officials were working to stop abuse and hold people accountable for scamming the system.
The department also confirmed hundreds of visa revocations in June 2026. The cancellations involved alleged schemes in Africa and Europe.
Federal prosecutors can bring cases involving several offenses. Those include visa fraud under 18 U.S.C. § 1546, money laundering and conspiracy to commit healthcare fraud.
Border officers have more room to question pregnant visitors
Customs and Border Protection officers have received broader discretion to examine the travel intent of pregnant visitors. Officers may look for evidence such as advertised “birth packages,” missing insurance and inconsistent lengths of stay.
DHS Secretary Markwayne Mullin called the practice a national security threat on July 1. He said the government could block women who seek to enter the United States late in pregnancy.
“This is truly a national security risk. The government can block women seeking to travel to the U.S. late in their pregnancies.”
The screening authority focuses on admission and stated travel purpose. It does not change the Supreme Court ruling on the child’s citizenship.
| Enforcement action | Date or period | Focus |
|---|---|---|
| ICE “Birth Tourism Initiative” | April 10, 2026 | HSI-led investigations into coached misrepresentations on visa applications |
| State Department visa revocations | June 2026 | Hundreds of visas linked to schemes in Africa and Europe |
| Supreme Court ruling in Trump v. Barbara | June 30, 2026 | Upheld citizenship at birth |
| Texas executive order | July 16, 2026 | State investigations into advertised birth packages and referrals to federal prosecutors |
Texas adds hospitals and health providers to the inquiry
Texas Gov. Greg Abbott issued an executive order July 16 directing state agencies to investigate healthcare providers and hospitals that advertise “birth packages” to foreign nationals.
The order calls for cooperation with federal prosecutors. State agencies are expected to refer potential violations of federal law to those prosecutors.
The action adds local health-care businesses to a federal investigation that already includes visa coaches and travel networks. It also gives the campaign a state-level enforcement component.
Estimates vary widely on the number of births
Census-based estimates cited by the Migration Policy Institute put the annual number of babies born to people described as birth tourists at 22,000 to 26,000. Government data, by contrast, showed approximately 9,600 births in 2024 to mothers with foreign addresses.
The figures measure different populations and come from different sources. The higher estimate is based on census-related analysis, while the government figure records births involving mothers with foreign addresses.
Neither figure changes the legal status established by the court. Enforcement agencies are concentrating on alleged deception, financial arrangements and other conduct surrounding entry and delivery.
A proposed law would add an explicit immigration ground
Sen. John Cornyn, R-Texas, introduced the BACK OFF Act on May 12, 2026. The bill’s full name is the Barring American Citizenship by Keeping Out Foreign Fraudsters Act.
The proposal would make the practice an explicit ground for inadmissibility and deportability. It would therefore target immigration consequences for people accused of arranging or participating in the activity, rather than altering the court’s ruling on citizenship.
The executive actions and investigations are already underway. The proposed legislation would create a separate statutory route if Congress enacts it.
